This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
79R11987 SMH-F
By: Armbrister S.B. No. 3
A BILL TO BE ENTITLED
AN ACT
relating to the development and management of the water resources
of the state, including the creation of a groundwater conservation
district; imposing fees and providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ENVIRONMENTAL FLOWS
SECTION 1.01. The heading to Section 5.506, Water Code, is
amended to read as follows:
Sec. 5.506. EMERGENCY SUSPENSION OF PERMIT CONDITION
RELATING TO, AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET
ASIDE FOR, BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND
INSTREAM USES.
SECTION 1.02. Section 5.506, Water Code, is amended by
adding Subsection (a-1) and amending Subsections (b) and (c) to
read as follows:
(a-1) State water that is set aside by the commission to
meet the needs for freshwater inflows to affected bays and
estuaries and instream uses under Section 11.1471(a)(2) may be made
available temporarily for other essential beneficial uses if the
commission finds that an emergency exists that cannot practically
be resolved in another way.
(b) The commission must give written notice of the proposed
action [suspension] to the Parks and Wildlife Department before the
commission suspends a permit condition under Subsection (a) or
makes water available temporarily under Subsection (a-1) [this
section]. The commission shall give the Parks and Wildlife
Department an opportunity to submit comments on the proposed action
[suspension] for a period of 72 hours from receipt of the notice and
must consider those comments before issuing an order implementing
the proposed action [imposing the suspension].
(c) The commission may suspend a permit condition under
Subsection (a) or make water available temporarily under Subsection
(a-1) [this section] without notice except as required by
Subsection (b).
SECTION 1.03. Section 5.701(j), Water Code, is amended to
read as follows:
(j) The fee for other uses of water not specifically named
in this section is $1 per acre-foot, except that no political
subdivision may be required to pay fees to use water for recharge of
underground freshwater-bearing sands and aquifers or for abatement
of natural pollution. A fee is not required for a water right that
is [This fee is waived for applications for instream-use water
rights] deposited into the Texas Water Trust.
SECTION 1.04. Section 11.002, Water Code, is amended by
adding Subdivisions (15), (16), (17), and (18) to read as follows:
(15) "Environmental flow regime" means a schedule of
flow quantities, reflecting seasonal and yearly fluctuations that
typically would vary geographically, by specific location in a
watershed, and that are shown to be adequate to support a sound
ecological environment.
(16) "Environmental flow standards" means those
requirements to protect instream flows and freshwater inflows that
are adopted by the commission under Section 11.1471.
(17) "Flows commission" means the Environmental Flows
Commission.
(18) "Science advisory committee" means the Texas
Environmental Flows Science Advisory Committee.
SECTION 1.05. Section 11.023(a), Water Code, is amended to
read as follows:
(a) To the extent that state water has not been set aside by
the commission under Section 11.1471(a)(2) to meet instream flow
needs or freshwater inflow needs, state [State] water may be
appropriated, stored, or diverted for:
(1) domestic and municipal uses, including water for
sustaining human life and the life of domestic animals;
(2) agricultural uses and industrial uses, meaning
processes designed to convert materials of a lower order of value
into forms having greater usability and commercial value, including
the development of power by means other than hydroelectric;
(3) mining and recovery of minerals;
(4) hydroelectric power;
(5) navigation;
(6) recreation and pleasure;
(7) public parks; and
(8) game preserves.
SECTION 1.06. Section 11.0235, Water Code, is amended by
amending Subsections (c) and (e) and adding Subsections (d-1),
(d-2), (d-3), (d-4), (d-5), and (f) to read as follows:
(c) The legislature has expressly required the commission
while balancing all other public interests to consider and, to the
extent practicable, provide for the freshwater inflows and instream
flows necessary to maintain the viability of the state's streams,
rivers, and bay and estuary systems in the commission's regular
granting of permits for the use of state waters. As an essential
part of the state's environmental flows policy, all permit
conditions relating to freshwater inflows to affected bays and
estuaries and instream flow needs must be subject to temporary
suspension if necessary to meet essential human needs during
emergencies.
(d-1) The legislature finds that to provide certainty in
water management and development and to provide adequate protection
of the state's streams, rivers, and bays and estuaries, the state
must have a process with specific timelines for prompt action to
address environmental flow issues in the state's major basin and
bay systems, especially those systems in which unappropriated water
is still available.
(d-2) The legislature finds that:
(1) in those basins in which water is available for
appropriation, the commission should establish an environmental
set-aside below which water should not be available for
appropriation; and
(2) in those basins in which the unappropriated water
that will be set aside for instream flow and freshwater inflow
protection is not sufficient to fully satisfy the environmental
flow standards established by the commission, a variety of
approaches, both public and private, for filling the gap must be
explored and pursued.
(d-3) The legislature finds that while the state has
pioneered tools to address freshwater inflow needs for bays and
estuaries, there are limitations to those tools in light of both
scientific and public policy evolution. To fully address bay and
estuary environmental flow issues, the foundation of work
accomplished by the state should be improved. While the state's
instream flow studies program appears to encompass a comprehensive
and scientific approach for establishing a process to assess
instream flow needs for rivers and streams across the state, more
extensive review and examination of the details of the program,
which may not be fully developed until the program is under way, are
needed to ensure an effective tool for evaluating riverine
environmental flow conditions.
(d-4) The legislature finds that the management of water to
meet instream flow and freshwater inflow needs should be evaluated
on a regular basis and adapted to reflect both improvements in
science related to environmental flows and future changes in
projected human needs for water. In addition, the development of
management strategies for addressing environmental flow needs
should be an ongoing, adaptive process that considers and addresses
local issues.
(d-5) The legislature finds that recommendations for state
action to protect instream flows and freshwater inflows should be
developed through a consensus-based, regional approach involving
balanced representation of stakeholders and that such a process
should be encouraged throughout the state.
(e) The fact that greater pressures and demands are being
placed on the water resources of the state makes it of paramount
importance to ensure [reexamine the process for ensuring] that
these important priorities are effectively addressed by detailing
how environmental flow standards are to be developed using the
environmental studies that have been and are to be performed by the
state and others and specifying in clear delegations of authority
how those environmental flow standards will be integrated into the
regional water planning and water permitting process [to the
commission].
(f) The legislature recognizes that effective
implementation of the approach provided by this chapter for
protecting instream flows and freshwater inflows will require more
effective water rights administration and enforcement systems than
are currently available in most areas of the state.
SECTION 1.07. The heading to Section 11.0236, Water Code,
is amended to read as follows:
Sec. 11.0236. [STUDY COMMISSION ON WATER FOR] ENVIRONMENTAL
FLOWS COMMISSION.
SECTION 1.08. Section 11.0236, Water Code, is amended by
amending Subsections (a)-(c), (e)-(j), (n), and (o) to read as
follows:
(a) In recognition of the importance that the ecological
soundness of our riverine, bay, and estuary systems and riparian
lands has on the economy, health, and well-being of the state there
is created the [Study Commission on Water for] Environmental Flows
Commission.
(b) The flows [study] commission is composed of nine [15]
members as follows:
(1) three [two] members appointed by the governor;
(2) three [five] members of the senate appointed by
the lieutenant governor; and
(3) three [five] members of the house of
representatives appointed by the speaker of the house of
representatives[;
[(4) the presiding officer of the commission or the
presiding officer's designee;
[(5) the chairman of the board or the chairman's
designee; and
[(6) the presiding officer of the Parks and Wildlife
Commission or the presiding officer's designee].
(c) Of the members appointed under Subsection (b)(1):
(1) one member must be a member of the commission;
(2) one member must be a member of the board; and
(3) one member must be a member of the Parks and
Wildlife Commission [(b)(2):
[(1) one member must represent a river authority or
municipal water supply agency or authority;
[(2) one member must represent an entity that is
distinguished by its efforts in resource protection; and
[(3) three members must be members of the senate].
(e) Members [Each appointed member] of the flows [study]
commission serve three-year terms, with terms expiring February 1
of every third year [serves at the will of the person who appointed
the member]. A vacancy on the flows commission is filled for the
unexpired term in the manner provided for the original appointment.
(f) The appointed senator with the most seniority and the
appointed house member with the most seniority serve together as
co-presiding officers of the flows [study] commission.
(g) A member of the flows [study] commission is not entitled
to receive compensation for service on the flows [study] commission
but is entitled to reimbursement of the travel expenses incurred by
the member while conducting the business of the flows [study]
commission, as provided by the General Appropriations Act.
(h) The flows [study] commission may accept gifts and grants
from any source to be used to carry out a function of the flows
[study] commission.
(i) The commission shall provide staff support for the flows
[study] commission.
(j) The flows [study] commission shall conduct public
hearings and study public policy implications for balancing the
demands on the water resources of the state resulting from a growing
population with the requirements of the riverine, bay, and estuary
systems including granting permits for instream flows dedicated to
environmental needs or bay and estuary inflows, use of the Texas
Water Trust, and any other issues that the flows [study] commission
determines have importance and relevance to the protection of
environmental flows. In evaluating the options for providing
adequate environmental flows, the flows [study] commission shall
take notice of the strong public policy imperative that exists in
this state recognizing that environmental flows are important to
the biological health of our public and private lands, streams and
rivers [parks, game preserves], and bay and estuary systems and are
high priorities in the water management [permitting] process. The
flows [study] commission shall specifically address:
(1) ways that the ecological soundness of those
[these] systems will be ensured in the water allocation process;
and
(2) appropriate methods by which reasonable amounts of
existing water rights may be converted temporarily or permanently
to use for environmental flow protection.
(n) The flows [study] commission may [shall] adopt rules,
procedures, and policies as needed to administer this section, to
implement its responsibilities, and to exercise its authority under
Sections 11.02361 and 11.02362.
(o) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the flows commission. [The study
commission is abolished and this section expires September 1,
2005.]
SECTION 1.09. Subchapter B, Chapter 11, Water Code, is
amended by adding Sections 11.02361 and 11.02362 to read as
follows:
Sec. 11.02361. TEXAS ENVIRONMENTAL FLOWS SCIENCE ADVISORY
COMMITTEE. (a) The Texas Environmental Flows Science Advisory
Committee consists of at least five but not more than nine members
appointed by the flows commission.
(b) The flows commission shall appoint to the science
advisory committee persons who will provide an independent
perspective and diverse technical expertise, including expertise
in hydrology, hydraulics, water resources, aquatic and terrestrial
biology, geomorphology, geology, water quality, computer modeling,
and other technical areas pertinent to the evaluation of
environmental flows.
(c) Members of the science advisory committee serve
staggered three-year terms, with one-third or as near as possible
to one-third of the members' terms expiring March 1 of each year. A
vacancy on the science advisory committee is filled by appointment
by the co-presiding officers of the flows commission for the
unexpired term.
(d) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the science advisory committee.
(e) The science advisory committee shall:
(1) serve as an independent scientific body to advise
and make recommendations to the flows commission on issues relating
to the science of environmental flow protection; and
(2) help provide overall direction, coordination, and
consistency relating to:
(A) environmental flow methodologies for bay and
estuary studies and instream flow studies;
(B) environmental flow programs at the
commission, the Parks and Wildlife Department, and the board; and
(C) the work of the basin and bay expert science
teams described in Section 11.02362.
(f) To assist the flows commission to assess the extent to
which the recommendations of the science advisory committee are
considered and implemented, the commission, the Parks and Wildlife
Department, and the board shall provide written reports to the
flows commission, at intervals determined by the flows commission,
that describe:
(1) the actions taken by each agency in response to
each recommendation; and
(2) for each recommendation not implemented, the
reason it was not implemented.
Sec. 11.02362. DEVELOPMENT OF ENVIRONMENTAL FLOW REGIME
RECOMMENDATIONS. (a) For the purposes of this section, the flows
commission, not later than November 1, 2005, shall define the
geographical extent of each river basin and bay system in this state
for the purpose of developing environmental flow regime
recommendations under this section and adoption of environmental
flow standards under Section 11.1471.
(b) The flows commission shall give priority in descending
order to the following river basin and bay systems of the state for
the purpose of developing environmental flow regime
recommendations and adopting environmental flow standards:
(1) the river basin and bay system consisting of the
Trinity and San Jacinto Rivers and Galveston Bay and the river basin
and bay system consisting of the Sabine and Neches Rivers and Sabine
Lake Bay;
(2) the river basin and bay system consisting of the
Colorado and Lavaca Rivers and Matagorda and Lavaca Bays and the
river basin and bay system consisting of the Guadalupe, San
Antonio, and Aransas Rivers and Copano, Aransas, and San Antonio
Bays; and
(3) the river basin and bay system consisting of the
Nueces River and Corpus Christi and Baffin Bays, the river basin and
bay system consisting of the Rio Grande, the Rio Grande estuary, and
the Lower Laguna Madre, and the Brazos River and its associated bay
and estuary system.
(c) For the river basin and bay systems listed in Subsection
(b)(1):
(1) the flows commission shall appoint the basin and
bay area stakeholders committee not later than November 1, 2005;
(2) the basin and bay area stakeholders committee
shall establish a basin and bay expert science team not later than
March 1, 2006;
(3) the basin and bay expert science team shall
finalize environmental flow regime recommendations and submit them
to the basin and bay area stakeholders committee, the flows
commission, and the commission not later than March 1, 2007;
(4) the basin and bay area stakeholders committee
shall submit to the commission its comments on and recommendations
regarding the basin and bay expert science team's recommended
environmental flow regime not later than September 1, 2007; and
(5) the commission shall adopt the environmental flow
standards as provided by Section 11.1471 not later than September
1, 2008.
(d) The flows commission shall appoint the basin and bay
area stakeholders committees for the river basin and bay systems
listed in Subsection (b)(2) not later than September 1, 2006, and
shall appoint the basin and bay area stakeholders committees for
the river basin and bay systems listed in Subsection (b)(3) not
later than September 1, 2007. The flows commission shall establish
a schedule for the performance of the tasks listed in Subsections
(c)(2)-(5) with regard to the river basin and bay systems listed in
Subsections (b)(2) and (3) that will result in the adoption of
environmental flow standards for that river basin and bay system by
the commission as soon as is reasonably possible. Each basin and
bay area stakeholders committee and basin and bay expert science
team for a river basin and bay system listed in Subsection (b)(2) or
(3) shall make recommendations to the flows commission with regard
to the schedule applicable to that river basin and bay system. The
flows commission shall consider the recommendations of the basin
and bay area stakeholders committee and basin and bay expert
science team as well as coordinate with, and give appropriate
consideration to the recommendations of, the commission, the Parks
and Wildlife Department, and the board in establishing the
schedule.
(e) For a river basin and bay system not listed in
Subsection (b), the flows commission shall establish a schedule for
the development of environmental flow regime recommendations and
the adoption of environmental flow standards. The flows commission
shall develop the schedule in consultation with the commission, the
Parks and Wildlife Department, the board, and the pertinent basin
and bay area stakeholders committee and basin and bay expert
science team. The flows commission may, on its own initiative or on
request, modify a schedule established under this subsection to be
more responsive to particular circumstances, local desires,
changing conditions, or time-sensitive conflicts. This subsection
does not prohibit, in a river basin and bay system for which the
flows commission has not yet established a schedule for the
development of environmental flow regime recommendations and the
adoption of environmental flow standards, an effort to develop
information on environmental flow needs and ways in which those
needs can be met by a voluntary consensus-building process.
(f) The flows commission shall appoint a basin and bay area
stakeholders committee for each river basin and bay system in this
state for which a schedule for the development of environmental
flow regime recommendations and the adoption of environmental flow
standards is specified by or established under Subsection (c), (d),
or (e). Chapter 2110, Government Code, does not apply to the size,
composition, or duration of a basin and bay area stakeholders
committee. Each committee must consist of at least 17 members. The
members must represent appropriate stakeholders, including
representatives of:
(1) agricultural water users;
(2) recreational water users, including coastal
recreational anglers and businesses supporting water recreation;
(3) municipalities;
(4) soil and water conservation districts;
(5) industrial water users;
(6) commercial fishermen;
(7) public interest groups;
(8) regional water planning groups;
(9) groundwater conservation districts;
(10) river authorities and other conservation and
reclamation districts with jurisdiction over surface water; and
(11) environmental interests.
(g) Members of a basin and bay area stakeholders committee
serve staggered five-year terms, with one-fifth or as near as
possible to one-fifth of the members' terms expiring March 1 of each
year. If a vacancy occurs on a committee, the remaining members of
the committee by majority vote shall appoint a member to serve the
remainder of the unexpired term.
(h) Meetings of a basin and bay area stakeholders committee
must be open to the public.
(i) Each basin and bay area stakeholders committee shall
establish a basin and bay expert science team for the river basin
and bay system for which the committee is established. The basin
and bay expert science team must be established not later than six
months after the date the basin and bay area stakeholders committee
is established. Chapter 2110, Government Code, does not apply to
the size, composition, or duration of a basin and bay expert science
team. Each basin and bay expert science team must be composed of
technical experts with special expertise regarding the river basin
and bay system or regarding the development of environmental flow
regimes.
(j) The members of a basin and bay expert science team serve
staggered five-year terms, with one-fifth or as near as possible to
one-fifth of the members' terms expiring April 1 of each year. A
vacancy on a basin and bay expert science team is filled by
appointment by the pertinent basin and bay area stakeholders
committee to serve the remainder of the unexpired term.
(k) The science advisory committee shall appoint one of its
members to serve as a liaison to each basin and bay expert science
team to facilitate coordination and consistency in environmental
flow activities throughout the state. The commission, the Parks
and Wildlife Department, and the board shall provide technical
assistance to each basin and bay expert science team, including
information about the studies conducted under Sections 16.058 and
16.059, and may serve as nonvoting members of the basin and bay
expert science team to facilitate the development of environmental
flow regime recommendations.
(l) Where reasonably practicable, meetings of a basin and
bay expert science team must be open to the public.
(m) Each basin and bay expert science team shall develop a
recommended environmental flow regime for the river basin and bay
system for which the team is established through a collaborative
process designed to achieve a consensus. In developing
recommendations, the science team must consider all available
science, without regard to the need for the water for other uses,
and the science team's recommendations must be based solely on the
best science available.
(n) Each basin and bay expert science team shall submit its
environmental flow regime recommendations to the pertinent basin
and bay area stakeholders committee, the flows commission, and the
commission in accordance with the applicable schedule specified by
or established under Subsection (c), (d), or (e). The basin and bay
area stakeholders committee and the flows commission may not change
the environmental flow regime recommendations of the basin and bay
expert science team.
(o) Each basin and bay area stakeholders committee shall
review the environmental flow regime recommendations submitted by
the committee's basin and bay expert science team and shall
consider them in conjunction with other factors, including the
present and future needs for water for other uses related to water
supply planning in the pertinent river basin and bay system. The
basin and bay area stakeholders committee shall develop
recommendations regarding environmental flows and strategies to
meet the flow needs and submit those recommendations to the
commission and to the flows commission in accordance with the
applicable schedule specified by or established under Subsection
(c), (d), or (e). In developing its recommendations, the basin and
bay area stakeholders committee shall operate on a consensus basis
to the maximum extent possible.
(p) In recognition of the importance of adaptive
management, after submitting its recommendations regarding
environmental flows and strategies to meet the flow needs to the
commission, each basin and bay area stakeholders committee, with
the assistance of the pertinent basin and bay expert science team,
shall prepare and submit for approval by the flows commission a work
plan. The work plan must:
(1) establish a periodic review of the basin and bay
environmental flow regime recommendations, environmental flow
standards, and strategies, to occur at least once every 10 years;
(2) prescribe specific monitoring, studies, and
activities; and
(3) establish a schedule for continuing the validation
or refinement of the basin and bay environmental flow regime
recommendations, the environmental flow standards adopted by the
commission, and the strategies to achieve those standards.
(q) In accordance with the applicable schedule specified by
or established under Subsection (c), (d), or (e), the flows
commission, with input from the science advisory committee, shall
review the environmental flow regime recommendations submitted by
each basin and bay expert science team. If appropriate, the flows
commission shall submit comments on the recommendations to the
commission for use by the commission in adopting rules under
Section 11.1471. Comments must be submitted not later than six
months after the date of receipt of the recommendations.
SECTION 1.10. Sections 11.0237(a) and (b), Water Code, are
amended to read as follows:
(a) The commission may not issue a new permit for instream
flows dedicated to environmental needs or bay and estuary inflows.
The [This section does not prohibit the] commission may issue [from
issuing] an amendment to an existing permit or certificate of
adjudication to change the use to or add a use for instream flows
dedicated to environmental needs or bay and estuary inflows.
(b) This section does not alter the commission's
obligations under Section 11.042(b), 11.046(b), 11.085(k)(2)(F),
11.134(b)(3)(D), 11.147, 11.1471, 11.1491, 16.058, or 16.059.
SECTION 1.11. Section 11.082(b), Water Code, is amended to
read as follows:
(b) The state may recover the penalties prescribed in
Subsection (a) [of this section] by suit brought for that purpose in
a court of competent jurisdiction. The state may seek those
penalties regardless of whether a watermaster has been appointed
for the water division, river basin, or segment of a river basin
where the unlawful use is alleged to have occurred.
SECTION 1.12. Section 11.0841, Water Code, is amended by
adding Subsection (c) to read as follows:
(c) For purposes of this section, the Parks and Wildlife
Department has:
(1) the rights of a holder of a water right that is
held in the Texas Water Trust, including the right to file suit in a
civil court to prevent the unlawful use of such a right; and
(2) the right to act in the same manner that a holder
of a water right may act to protect the holder's rights in seeking
to prevent any person from appropriating water in violation of a
set-aside established by the commission under Section 11.1471 to
meet instream flow needs or freshwater inflow needs, including the
right to file suit in a civil court to prevent the unlawful use of a
set-aside established under that section.
SECTION 1.13. Section 11.0842(a), Water Code, is amended to
read as follows:
(a) If a person violates this chapter, a rule or order
adopted under this chapter or Section 16.236 [of this code], or a
permit, certified filing, or certificate of adjudication issued
under this chapter, the commission may assess an administrative
penalty against that person as provided by this section. The
commission may assess an administrative penalty for a violation
relating to a water division or a river basin or segment of a river
basin regardless of whether a watermaster has been appointed for
the water division or river basin or segment of the river basin.
SECTION 1.14. Section 11.0843(a), Water Code, is amended to
read as follows:
(a) Upon witnessing a violation of this chapter or a rule or
order or a water right issued under this chapter, the executive
director or a person designated by the executive director,
including a watermaster or the watermaster's deputy, [ as defined
by commission rule,] may issue the alleged violator a field
citation alleging that a violation has occurred and providing the
alleged violator the option of either:
(1) without admitting to or denying the alleged
violation, paying an administrative penalty in accordance with the
predetermined penalty amount established under Subsection (b) [of
this section] and taking remedial action as provided in the
citation; or
(2) requesting a hearing on the alleged violation in
accordance with Section 11.0842 [of this code].
SECTION 1.15. Section 11.134(b), Water Code, is amended to
read as follows:
(b) The commission shall grant the application only if:
(1) the application conforms to the requirements
prescribed by this chapter and is accompanied by the prescribed
fee;
(2) unappropriated water is available in the source of
supply;
(3) the proposed appropriation:
(A) is intended for a beneficial use;
(B) does not impair existing water rights or
vested riparian rights;
(C) is not detrimental to the public welfare;
(D) considers any applicable environmental flow
standards established under Section 11.1471 and, if applicable, the
assessments performed under Sections 11.147(d) and (e) and Sections
11.150, 11.151, and 11.152; and
(E) addresses a water supply need in a manner
that is consistent with the state water plan and the relevant
approved regional water plan for any area in which the proposed
appropriation is located, unless the commission determines that
conditions warrant waiver of this requirement; and
(4) the applicant has provided evidence that
reasonable diligence will be used to avoid waste and achieve water
conservation as defined by [Subdivision (8)(B),] Section
11.002(8)(B) [11.002].
SECTION 1.16. Section 11.147, Water Code, is amended by
amending Subsections (b), (d), and (e) and adding Subsections (e-1)
and (e-2) to read as follows:
(b) In its consideration of an application for a permit to
store, take, or divert water, the commission shall assess the
effects, if any, of the issuance of the permit on the bays and
estuaries of Texas. For permits issued within an area that is 200
river miles of the coast, to commence from the mouth of the river
thence inland, the commission shall include in the permit any
conditions considered necessary to maintain freshwater inflows to
any affected bay and estuary system, to the extent practicable when
considering all public interests, [and] the studies mandated by
Section 16.058 as evaluated under Section 11.1491, any input
received from the flows commission and the applicable basin and bay
area stakeholders committee, and any available environmental flow
regime recommendations of the applicable basin and bay expert
science team [those conditions considered necessary to maintain
beneficial inflows to any affected bay and estuary system].
(d) In its consideration of an application to store, take,
or divert water, the commission shall include in the permit, to the
extent practicable when considering all public interests, those
conditions considered by the commission necessary to maintain
existing instream uses and water quality of the stream or river to
which the application applies. In determining what conditions to
include in the permit under this subsection, the commission shall
consider among other factors:
(1) the studies mandated by Section 16.059;
(2) any water quality assessment performed under
Section 11.150;
(3) any input received from the flows commission or
the applicable basin and bay area stakeholders committee; and
(4) if available, the environmental flow regime
recommendations of the applicable basin and bay expert science
team.
(e) The commission shall include in the permit, to the
extent practicable when considering all public interests, those
conditions considered by the commission necessary to maintain fish
and wildlife habitats. In determining what conditions to include
in the permit under this subsection, the commission shall consider
among other factors:
(1) any assessment performed under Section 11.152;
(2) any input received from the flows commission or
the applicable basin and bay area stakeholders committee that
relates to maintenance of aquatic habitat; and
(3) any available environmental flow regime
recommendations of the applicable basin and bay expert science team
as those recommendations relate to protection of aquatic habitat.
(e-1) Any permit for a new appropriation of water or an
amendment to an existing water right that increases the amount of
water authorized to be stored, taken, or diverted must include a
provision allowing the commission to adjust automatically the
conditions included in the permit or water right to provide for
protection of instream flows or freshwater inflows. The
adjustment:
(1) may not increase the amount of the pass-through or
release requirement for the protection of instream flows or
freshwater inflows by more than 12.5 percent of the annualized
total of that requirement contained in the permit as issued or the
water right as amended; and
(2) must be based on appropriate consideration of the
priority dates and diversion locations of any other water rights
granted in the same river basin that are subject to adjustment under
this subsection.
(e-2) Notwithstanding Subsections (b)-(e), for the purpose
of determining the environmental flow conditions necessary to
maintain freshwater inflows to an affected bay and estuary system,
existing instream uses and water quality of a stream or river, or
fish and aquatic wildlife habitats, the commission shall apply any
applicable environmental flow standard, including any
environmental flow set-aside, adopted under Section 11.1471
instead of considering the factors specified by those subsections.
SECTION 1.17. Subchapter D, Chapter 11, Water Code, is
amended by adding Section 11.1471 to read as follows:
Sec. 11.1471. ENVIRONMENTAL FLOW STANDARDS AND SET-ASIDES.
(a) The commission by rule shall:
(1) adopt appropriate environmental flow standards
for each river basin and bay system in this state; and
(2) establish an amount of unappropriated water, if
available, to be set aside to satisfy the environmental flow
standards to the maximum extent reasonable when considering human
water needs.
(b) In adopting environmental flow standards for a river
basin and bay system under Subsection (a)(1), the commission shall
consider:
(1) the definition of the geographical extent of the
river basin and bay system adopted by the flows commission under
Section 11.02362(a);
(2) the schedule for the adoption of environmental
flow standards for the river basin and bay system established by the
flows commission under Section 11.02362(d) or (e), if applicable;
(3) the environmental flow regime recommendations and
strategies received from the applicable basin and bay expert
science team and basin and bay area stakeholders committee under
Sections 11.02362(n) and (o);
(4) the specific characteristics of the river basin
and bay system;
(5) economic factors;
(6) all available scientific information, including
any scientific information provided by the science advisory
committee; and
(7) any other appropriate information.
(c) Environmental flow standards adopted under Subsection
(a)(1) must consist of a schedule of flow quantities, reflecting
seasonal and yearly fluctuations that may vary geographically by
specific location in a watershed.
(d) As provided by Section 11.023, the commission may not
issue a permit for a new appropriation or an amendment to an
existing water right that increases the amount of water authorized
to be stored, taken, or diverted if the issuance of the permit or
amendment would impair an environmental flow set-aside established
under Subsection (a)(2). A permit for a new appropriation or an
amendment to an existing water right that increases the amount of
water authorized to be stored, taken, or diverted that is issued
after the adoption of an applicable environmental flow set-aside
must contain appropriate conditions to ensure protection of the
environmental flow set-aside.
(e) An environmental flow set-aside established under
Subsection (a)(2) must be assigned a priority date corresponding to
the date the commission receives environmental flow regime
recommendations from the applicable basin and bay expert science
team and be included in the appropriate water availability models
in the same manner as an existing water right for the purpose of
evaluating the availability of unappropriated water in connection
with an application for a permit for a new appropriation or for an
amendment to an existing water right that increases the amount of
water authorized to be stored, taken, or diverted.
(f) An environmental flow standard or environmental flow
set-aside adopted under Subsection (a) may be altered by the
commission in a rulemaking process undertaken in conjunction with a
periodic review under Section 11.02362(p) or in accordance with a
schedule established by the commission.
SECTION 1.18. The heading to Section 11.148, Water Code, is
amended to read as follows:
Sec. 11.148. EMERGENCY SUSPENSION OF PERMIT CONDITIONS AND
EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR
ENVIRONMENTAL FLOWS.
SECTION 1.19. Section 11.148, Water Code, is amended by
adding Subsection (a-1) and amending Subsections (b) and (c) to
read as follows:
(a-1) State water that is set aside by the commission to
meet the needs for freshwater inflows to affected bays and
estuaries and instream uses under Section 11.1471(a)(2) may be made
available temporarily for other essential beneficial uses if the
commission finds that an emergency exists that cannot practically
be resolved in another way.
(b) Before the commission suspends a permit condition under
Subsection (a) or makes water available temporarily under
Subsection (a-1) [of this section], it must give written notice to
the Parks and Wildlife Department of the proposed action
[suspension]. The commission shall give the Parks and Wildlife
Department an opportunity to submit comments on the proposed action
[suspension] within 72 hours from such time and the commission
shall consider those comments before issuing its order implementing
the proposed action [imposing the suspension].
(c) The commission may suspend the permit condition under
Subsection (a) or make water available temporarily under Subsection
(a-1) without notice to any other interested party other than the
Parks and Wildlife Department as provided by Subsection (b) [of
this section]. However, all affected persons shall be notified
immediately by publication, and a hearing to determine whether the
suspension should be continued shall be held within 15 days of the
date on which the order to suspend is issued.
SECTION 1.20. Section 11.1491(a), Water Code, is amended to
read as follows:
(a) The Parks and Wildlife Department and the commission
shall have joint responsibility to review the studies prepared
under Section 16.058 [of this code], to determine inflow conditions
necessary for the bays and estuaries, and to provide information
necessary for water resources management. Each agency shall
designate an employee to share equally in the oversight of the
program. Other responsibilities shall be divided between the Parks
and Wildlife Department and the commission to maximize present
in-house capabilities of personnel and to minimize costs to the
state. Each agency shall have reasonable access to all information
produced by the other agency. Publication of reports completed
under this section shall be submitted for comment to [both] the
commission, [and] the Parks and Wildlife Department, the flows
commission, the science advisory committee, and any applicable
basin and bay area stakeholders committee and basin and bay expert
science team.
SECTION 1.21. Section 11.329(g), Water Code, is amended to
read as follows:
(g) The commission may not assess costs under this section
against a holder of a non-priority hydroelectric right that owns or
operates privately owned facilities that collectively have a
capacity of less than two megawatts or against a holder of a water
right placed in the Texas Water Trust for a term of at least 20
years. [This subsection is not intended to affect in any way the
fees assessed on a water right holder by the commission under
Section 1.29(d), Chapter 626, Acts of the 73rd Legislature, Regular
Session, 1993. For purposes of Section 1.29(d), Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, a holder of a
non-priority hydroelectric right that owns or operates privately
owned facilities that collectively have a capacity of less than two
megawatts shall be assessed fees at the same rate per acre-foot
charged to a holder of a non-priority hydroelectric right that owns
or operates privately owned facilities that collectively have a
capacity of more than two megawatts.]
SECTION 1.22. Section 11.404(e), Water Code, is amended to
read as follows:
(e) The court may not assess costs and expenses under this
section against:
(1) a holder of a non-priority hydroelectric right
that owns or operates privately owned facilities that collectively
have a capacity of less than two megawatts; or
(2) a holder of a water right placed in the Texas Water
Trust for a term of at least 20 years.
SECTION 1.23. Subchapter I, Chapter 11, Water Code, is
amended by adding Section 11.4531 to read as follows:
Sec. 11.4531. WATERMASTER ADVISORY COMMITTEE. (a) For
each river basin or segment of a river basin for which the executive
director appoints a watermaster under this subchapter, the
executive director shall appoint a watermaster advisory committee
consisting of at least nine but not more than 15 members. A member
of the advisory committee must be a holder of a water right or a
representative of a holder of a water right in the river basin or
segment of the river basin for which the watermaster is appointed.
In appointing members to the advisory committee, the executive
director shall consider:
(1) geographic representation;
(2) amount of water rights held;
(3) different types of holders of water rights and
users, including water districts, municipal suppliers, irrigators,
and industrial users; and
(4) experience and knowledge of water management
practices.
(b) An advisory committee member is not entitled to
reimbursement of expenses or to compensation.
(c) An advisory committee member serves a two-year term
expiring August 31 of each odd-numbered year and holds office until
a successor is appointed.
(d) The advisory committee shall meet within 30 days after
the date the initial appointments have been made and shall select a
presiding officer to serve a one-year term. The committee shall
meet regularly as necessary.
(e) The advisory committee shall:
(1) make recommendations to the executive director
regarding activities of benefit to the holders of water rights in
the administration and distribution of water to holders of water
rights in the river basin or segment of the river basin for which
the watermaster is appointed;
(2) review and comment to the executive director on
the annual budget of the watermaster operation; and
(3) perform other advisory duties as requested by the
executive director regarding the watermaster operation or as
requested by holders of water rights and considered by the
committee to benefit the administration of water rights in the
river basin or segment of the river basin for which the watermaster
is appointed.
SECTION 1.24. Section 11.454, Water Code, is amended to
read as follows:
Sec. 11.454. DUTIES AND AUTHORITY OF THE WATERMASTER.
Section 11.327 applies to the duties and authority of a watermaster
appointed for a river basin or segment of a river basin under this
subchapter in the same manner as that section applies to the duties
and authority of a watermaster appointed for a water division under
Subchapter G. [A watermaster as the agent of the commission and
under the executive director's supervision shall:
[(1) divide the water of the streams or other sources
of supply of his segment or basin in accordance with the authorized
water rights;
[(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 streams of his
segment or basin, 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; and
[(3) perform any other duties and exercise any
authority directed by the commission.]
SECTION 1.25. Section 11.455, Water Code, is amended to
read as follows:
Sec. 11.455. COMPENSATION AND EXPENSES OF WATERMASTER
[ASSESSMENTS]. (a) Section 11.329 applies to the payment of the
compensation and expenses of a watermaster appointed for a river
basin or segment of a river basin under this subchapter in the same
manner as that section applies to the payment of the compensation
and expenses of a watermaster appointed for a water division under
Subchapter G.
(b) The executive director shall deposit the assessments
collected under this section to the credit of the watermaster fund.
(c) Money deposited under this section to the credit of the
watermaster fund may be used only for the purposes specified by
Section 11.3291 with regard to the watermaster operation under this
subchapter with regard to which the assessments were collected.
[The commission may assess the costs of the watermaster against all
persons who hold water rights in the river basin or segment of the
river basin under the watermaster's jurisdiction in accordance with
Section 11.329 of this code.]
SECTION 1.26. Section 15.7031, Water Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) The dedication of any water rights placed in trust must
be reviewed and approved by the commission, in consultation with
the board, [and] the Parks and Wildlife Department, and the
Environmental Flows Commission. In addition, the Department of
Agriculture and the basin and bay area stakeholders committee and
basin and bay expert science team established under Section
11.02362 for the river basin and bay system to which the water right
pertains may provide input to the commission, as appropriate,
during the review and approval process for dedication of water
rights.
(e) While a water right is held in the trust, the water
authorized for beneficial use under the terms of the water right is
considered to be held for instream flows, water quality, fish and
wildlife habitat, bay and estuary inflows, or other environmental
uses without the need for a permit amendment. After the water right
is withdrawn in whole or in part from the trust, the use of the water
right or portion of the water right withdrawn must be in accordance
with the terms of the water right.
SECTION 1.27. Section 26.0135(h), Water Code, as amended by
Chapters 234 and 965, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
(h) The commission shall apportion, assess, and recover the
reasonable costs of administering the water quality management
programs under this section from users of water and wastewater
permit holders in the watershed according to the records of the
commission generally in proportion to their right, through permit
or contract, to use water from and discharge wastewater in the
watershed. Irrigation water rights, [and] non-priority
hydroelectric rights of a water right holder that owns or operates
privately owned facilities that collectively have a capacity of
less than two megawatts, and water rights held in the Texas Water
Trust for terms of at least 20 years will not be subject to this
assessment. The cost to river authorities and others to conduct
water quality monitoring and assessment shall be subject to prior
review and approval by the commission as to methods of allocation
and total amount to be recovered. The commission shall adopt rules
to supervise and implement the water quality monitoring,
assessment, and associated costs. The rules shall ensure that
water users and wastewater dischargers do not pay excessive
amounts, that program funds are equitably apportioned among basins,
that a river authority may recover no more than the actual costs of
administering the water quality management programs called for in
this section, and that no municipality shall be assessed cost for
any efforts that duplicate water quality management activities
described in Section 26.177 [of this chapter]. The rules
concerning the apportionment and assessment of reasonable costs
shall provide for a recovery of not more than $5,000,000 annually.
Costs recovered by the commission are to be deposited to the credit
of the water resource management account and may be used only to
accomplish the purposes of this section. The commission may apply
not more than 10 percent of the costs recovered annually toward the
commission's overhead costs for the administration of this section
and the implementation of regional water quality assessments. The
commission, with the assistance and input of each river authority,
shall file a written report accounting for the costs recovered
under this section with the governor, the lieutenant governor, and
the speaker of the house of representatives on or before December 1
of each even-numbered year.
SECTION 1.28. Sections 11.0236(d), (k), (l), and (m),
11.0237(c), and 11.1491(b), Water Code, are repealed.
SECTION 1.29. The Study Commission on Water for
Environmental Flows is abolished on the effective date of this Act.
SECTION 1.30. (a) The governor, lieutenant governor, and
speaker of the house of representatives shall appoint the initial
members of the Environmental Flows Commission as provided by
Section 11.0236, Water Code, as amended by this article, as soon as
practicable on or after the effective date of this Act. The initial
terms of members of the flows commission expire February 1, 2008.
(b) As soon as practicable after taking office, the initial
members of the Environmental Flows Commission shall appoint the
initial members of the Texas Environmental Flows Science Advisory
Committee as provided by Section 11.02361, Water Code, as added by
this article. In making the initial appointments, the flows
commission shall designate one-third or as near as possible to
one-third of the members to serve terms expiring March 1, 2006,
one-third or as near as possible to one-third of the members to
serve terms expiring March 1, 2007, and one-third or as near as
possible to one-third of the members to serve terms expiring March
1, 2008.
(c) The Environmental Flows Commission shall appoint the
members of each basin and bay area stakeholders committee as
provided by Section 11.02362, Water Code, as added by this article.
In making the initial appointments, the flows commission shall
designate one-fifth or as near as possible to one-fifth of the
members to serve terms expiring March 1 of each year for the first
five years following the year in which the appointments are made.
(d) Each basin and bay area stakeholders committee shall
appoint the members of the basin and bay expert science team for the
river basin and bay system for which the committee is established as
provided by Section 11.02362, Water Code, as added by this article.
In making the initial appointments, the committee shall designate
one-fifth or as near as possible to one-fifth of the members to
serve terms expiring April 1 of each year for the first five years
following the year in which the appointments are made.
(e) The executive director of the Texas Commission on
Environmental Quality shall appoint the members of the watermaster
advisory committee under Section 11.4531, Water Code, as added by
this article, for each river basin or segment of a river basin for
which the executive director appoints a watermaster under
Subchapter I, Chapter 11, Water Code. The terms of the initial
members of the committee expire August 31 of the first odd-numbered
year that begins after the year in which the appointments are made.
SECTION 1.31. The changes in law made by this article
relating to a permit for a new appropriation of water or to an
amendment to an existing water right that increases the amount of
water authorized to be stored, taken, or diverted apply to a permit
or amendment for which an application is pending with the Texas
Commission on Environmental Quality on the effective date of this
article or is filed with the commission on or after that date.
ARTICLE 2. CONJUNCTIVE MANAGEMENT WATER POLICY
SECTION 2.01. Section 1.003, Water Code, is amended to read
as follows:
Sec. 1.003. PUBLIC POLICY. It is the public policy of the
state to provide for the conservation and development of the
state's natural resources, including:
(1) the control, storage, preservation, and
distribution of the state's storm and floodwaters and the waters of
its rivers and streams for irrigation, power, and other useful
purposes;
(2) the reclamation and irrigation of the state's
arid, semiarid, and other land needing irrigation;
(3) the reclamation and drainage of the state's
overflowed land and other land needing drainage;
(4) the conservation and development of its forest,
water, and hydroelectric power;
(5) the navigation of the state's inland and coastal
waters; [and]
(6) the maintenance of a proper ecological environment
of the bays and estuaries of Texas and the health of related living
marine resources; and
(7) the stewardship of public and private lands to
benefit waters of the state.
SECTION 2.02. Subchapter A, Chapter 1, Water Code, is
amended by adding Section 1.004 to read as follows:
Sec. 1.004. FINDINGS AND POLICY REGARDING LAND STEWARDSHIP.
(a) The legislature finds that responsible land stewardship
enhances the efficiency and effectiveness of this state's
watersheds by helping to increase surface water and groundwater
supplies, resulting in a benefit to the natural resources of this
state and to the general public. It is therefore the policy of this
state to encourage responsible land stewardship as a significant
water management tool.
(b) "Land stewardship," as used in this code, is the
practice of managing land to conserve or enhance suitable
landscapes and the ecosystem values of the land. Land stewardship
includes land and habitat management, wildlife conservation, and
watershed protection. Land stewardship practices include runoff
reduction, prescribed burning, managed grazing, brush management,
erosion management, reseeding with native plant species, riparian
management and restoration, and spring and creek-bank protection,
all of which benefit the water resources of this state.
SECTION 2.03. Section 11.002, Water Code, is amended by
adding Subdivisions (19) and (20) to read as follows:
(19) "Best management practices" means those
voluntary efficiency measures that save a quantifiable amount of
water, either directly or indirectly, and that can be implemented
within a specified time frame.
(20) "Conjunctive use" means the use of different
water resources in a combination that encourages the most efficient
and effective uses of those resources and optimizes the beneficial
characteristics of each resource. Water resources for conjunctive
use include surface water, groundwater, desalinated groundwater
and seawater, and reuse water.
SECTION 2.04. Section 11.0235(b), Water Code, is amended to
read as follows:
(b) Maintaining the biological soundness of the state's
rivers, lakes, bays, and estuaries is of great importance to the
public's economic health and general well-being. The legislature
encourages responsible water and land stewardship to benefit waters
of the state.
SECTION 2.05. Section 11.024, Water Code, is amended to
read as follows:
Sec. 11.024. APPROPRIATION: PREFERENCES. (a) In order to
conserve and properly utilize state water, the public welfare
requires not only recognition of beneficial uses but also a
constructive public policy regarding the preferences between these
uses, and it is therefore declared to be the public policy of this
state that in appropriating state water preference shall be given
to the following uses in the order named:
(1) domestic and municipal uses, including water for
sustaining human life and the life of domestic animals, it being the
public policy of the state and for the benefit of the greatest
number of people that in the appropriation of water as herein
defined, the appropriation of water for domestic and municipal uses
shall be and remain superior to the rights of the state to
appropriate the same for all other purposes;
(2) agricultural uses and industrial uses, which means
processes designed to convert materials of a lower order of value
into forms having greater usability and commercial value, including
the development of power by means other than hydroelectric;
(3) mining and recovery of minerals;
(4) hydroelectric power;
(5) navigation;
(6) recreation and pleasure; and
(7) other beneficial uses.
(b) In considering requests for appropriation of state
water for the same beneficial use, the commission shall give
preference to those projects that involve conjunctive use.
SECTION 2.06. Section 11.046, Water Code, is amended by
adding Subsection (e) to read as follows:
(e) Water appropriated under a permit, certified filing, or
certificate of adjudication that is treated under a permit issued
under Chapter 26 and then injected into an aquifer for storage and
subsequent recovery for beneficial use is not considered surplus
for purposes of this chapter.
SECTION 2.07. Subchapter D, Chapter 11, Water Code, is
amended by adding Section 11.1502 to read as follows:
Sec. 11.1502. CONSIDERATION OF CONJUNCTIVE USE. In
considering an application for a permit to store, take, or divert
surface water, the commission shall consider whether the applicant
has made reasonable efforts to incorporate plans for conjunctive
use.
SECTION 2.08. Section 11.173(b), Water Code, is amended to
read as follows:
(b) A permit, certified filing, or certificate of
adjudication or a portion of a permit, certified filing, or
certificate of adjudication is exempt from cancellation under
Subsection (a):
(1) to the extent of the owner's participation in the
Conservation Reserve Program authorized by the Food Security Act,
Pub. L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514
(1985) or a similar governmental program;
(2) if a significant portion of the water authorized
to be used pursuant to a permit, certified filing, or certificate of
adjudication has been used in accordance with a specific
recommendation for meeting a water need included in the regional
water plan approved pursuant to Section 16.053;
(3) if the permit, certified filing, or certificate of
adjudication:
(A) was obtained to meet demonstrated long-term
public water supply or electric generation needs as evidenced by a
water management plan developed by the holder; and
(B) is consistent with projections of future
water needs contained in the state water plan; [or]
(4) if the permit, certified filing, or certificate of
adjudication was obtained as the result of the construction of a
reservoir funded, in whole or in part, by the holder of the permit,
certified filing, or certificate of adjudication as part of the
holder's long-term water planning; or
(5) to the extent the nonuse resulted from the
implementation of water conservation measures under a water
conservation plan submitted by the holder of the permit, certified
filing, or certificate of adjudication as evidenced by
implementation reports submitted by the holder.
SECTION 2.09. Chapter 11, Water Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. REMEDIES FOR INTERFERENCE WITH DOMESTIC
OR AGRICULTURAL WATER WELL
Sec. 11.551. APPLICABILITY. This subchapter applies only
to a high-capacity water well that:
(1) is used for a purpose other than domestic or
agricultural use; and
(2) is located outside a groundwater conservation
district.
Sec. 11.552. RESTRICTION ON OPERATION OF HIGH-CAPACITY
WATER WELL. A person may not operate a high-capacity water well in
a way that interferes with another person's use of a water well for
domestic or agricultural purposes.
Sec. 11.553. FILING OF COMPLAINT. (a) A person who owns or
operates a water well used for domestic or agricultural purposes
may file a complaint with the commission against a person who owns
or operates a high-capacity water well alleging that the person is
operating the well in violation of Section 11.552.
(b) On receipt of the complaint, the commission shall notify
the owner or operator of the high-capacity water well of the filing
of the complaint.
Sec. 11.554. INVESTIGATION OF COMPLAINT. (a) The
commission shall investigate the complaint.
(b) The board shall provide technical assistance to the
commission in determining whether the high-capacity water well is
operated in a way that interferes with the complainant's use of the
well owned or operated by the complainant.
Sec. 11.555. NOTICE AND OPPORTUNITY FOR HEARING. (a) The
commission shall provide the parties notice and an opportunity for
a hearing on the complaint.
(b) A hearing under this section is governed by the
procedures for a contested case hearing under Chapter 2001,
Government Code.
Sec. 11.556. COMMISSION ORDER. If after notice and an
opportunity for a hearing the commission determines that a
high-capacity water well was operated in a way that violated
Section 11.552, the commission shall order the owner or operator of
the high-capacity water well to:
(1) limit the amount of water withdrawn from the well
to an amount that will not interfere with the complainant's use of
the well owned or operated by the complainant or require the owner
or operator of the high-capacity water well to provide the
complainant with an alternative source of water that offsets the
interference with the complainant's well; and
(2) compensate the complainant for any damages
suffered as a result of the interference with the complainant's
well.
Sec. 11.557. ADMINISTRATIVE PENALTY. (a) An owner or
operator of a high-capacity water well who violates an order issued
under Section 11.556 is subject to an administrative penalty as
provided by Subchapter C, Chapter 7.
(b) Notwithstanding Section 7.069, a penalty collected
under this section shall be deposited to the credit of the water
infrastructure fund.
Sec. 11.558. RULES. The commission shall adopt rules to
implement this subchapter, including rules defining "high-capacity
water well" for purposes of this subchapter.
SECTION 2.10. Subchapter E, Chapter 13, Water Code, is
amended by adding Section 13.146 to read as follows:
Sec. 13.146. WATER CONSERVATION PLAN. The commission shall
require a retail public utility that provides potable water service
to a population of 3,300 or more to submit to the executive
administrator of the board a water conservation plan based on
specific targets and goals for water savings developed by the
retail public utility and using appropriate best management
practices, as defined by Section 11.002, or other water
conservation strategies as determined by the retail public utility.
For purposes of this section, the population served by a retail
public utility shall be determined on the basis of the population
estimates contained in the most recent regional water plan adopted
for the regional water planning area in which the retail public
utility's service area is located.
SECTION 2.11. Section 15.001, Water Code, is amended by
adding Subdivision (14) to read as follows:
(14) "Conjunctive use" has the meaning assigned by
Section 11.002.
SECTION 2.12. Subchapter A, Chapter 15, Water Code, is
amended by adding Section 15.009 to read as follows:
Sec. 15.009. PRIORITY FOR CONJUNCTIVE USE APPLICATIONS. In
its funding programs under this chapter, the board shall give
priority to applications for planning funds and water supply
projects that promote conjunctive use. The board shall consider
incentives for promoting conjunctive use, including low or zero
interest rate loans.
SECTION 2.13. Section 15.102(b), Water Code, is amended to
read as follows:
(b) The loan fund may also be used by the board to provide:
(1) grants or loans for projects that include
supplying water and wastewater services in economically distressed
areas or nonborder colonias as provided by legislative
appropriations, this chapter, and board rules, including projects
involving retail distribution of those services; and
(2) grants for:
(A) projects for which federal grant funds are
placed in the loan fund;
(B) projects, on specific legislative
appropriation for those projects; or
(C) water conservation, desalination, brush
control, weather modification, regionalization, conjunctive use
projects, and projects providing regional water quality
enhancement services as defined by board rule, including regional
conveyance systems.
SECTION 2.14. Subchapter F, Chapter 15, Water Code, is
amended by adding Section 15.4062 to read as follows:
Sec. 15.4062. FUNDING FOR GROUNDWATER MANAGEMENT
COORDINATION. (a) The board may enter into a contract with a
political subdivision designated as a representative of a
groundwater management area council established under Section
36.108 to pay from the research and planning fund all or part of the
cost of performing the groundwater management area planning
functions required of the groundwater management area council under
Section 36.108.
(b) A political subdivision may submit, either individually
or jointly with other political subdivisions, a written application
to the board to request assistance paying for the planning
functions required under Section 36.108.
(c) The application must be in the manner and form
prescribed by board rules and include:
(1) the name of each political subdivision
participating in the application;
(2) a citation to each law under which each political
subdivision was created and is operating, including specific
citation of any law providing authority to perform the functions
under Section 36.108;
(3) the amount of money being requested; and
(4) any other relevant information required by board
rules or specifically requested by the board.
(d) After providing notice of and conducting a hearing on
the application, the board may award the applicant the amount of
money the board considers necessary to perform the functions under
Section 36.108.
(e) If the board grants an application under this section
and awards money, the board shall enter into a contract with each
participating political subdivision that includes:
(1) a detailed statement of the purpose for which the
money is to be used;
(2) the total amount of the award to be paid by the
board from the research and planning fund; and
(3) any other terms and conditions required by board
rules or agreed to by the contracting parties.
(f) The board shall adopt rules establishing criteria for
making grants of money under this section that include:
(1) the relative need of the political subdivision for
the money;
(2) the legal authority of the political subdivision
to perform the duties required under the contract; and
(3) the degree to which groundwater management area
planning by each political subdivision for the groundwater
management area council will address the issues of groundwater
management in the groundwater management area.
(g) The board may not award money under this section if
existing information or data is sufficient for the performance of
functions under Section 36.108.
(h) The board shall require that information developed or
revised under a contract entered into under this section be made
available to the commission, the Department of Agriculture, and the
Parks and Wildlife Department.
SECTION 2.15. Section 15.974(a), Water Code, is amended to
read as follows:
(a) The board may use the fund:
(1) to make loans to political subdivisions at or
below market interest rates for projects;
(2) to make grants, low-interest loans, or zero
interest loans to political subdivisions for projects to serve
areas outside metropolitan statistical areas in order to ensure
that the projects are implemented, for conjunctive use projects, or
for projects to serve economically distressed areas;
(3) to make loans at or below market interest rates for
planning and design costs, permitting costs, and other costs
associated with state or federal regulatory activities with respect
to a project;
(4) as a source of revenue or security for the payment
of principal and interest on bonds issued by the board if the
proceeds of the sale of the bonds will be deposited in the fund; and
(5) to pay the necessary and reasonable expenses of
the board in administering the fund.
SECTION 2.16. Section 16.001, Water Code, is amended by
adding Subdivision (13) to read as follows:
(13) "Conjunctive use" has the meaning assigned by
Section 11.002.
SECTION 2.17. Subchapter B, Chapter 16, Water Code, is
amended by adding Section 16.0122 to read as follows:
Sec. 16.0122. TECHNICAL ASSISTANCE FOR GROUNDWATER
MANAGEMENT AREAS. For each groundwater management area established
under Section 35.007, the executive administrator shall provide one
or more employees of the board to assist the groundwater management
area council and the districts in the council's groundwater
management area. The employees shall provide assistance:
(1) training district employees or the district board
on basic data collection protocols;
(2) collecting and interpreting data;
(3) providing technical services or expertise;
(4) conducting hydrogeologic investigations;
(5) providing groundwater availability modeling;
(6) developing a district's groundwater management
plan;
(7) preparing for or conducting a joint planning
effort for districts in a groundwater management area or for a
district and a regional water planning group established under
Section 16.053, including assistance in avoiding and resolving
conflicts; and
(8) providing education.
SECTION 2.18. Section 16.022, Water Code, is amended to
read as follows:
Sec. 16.022. WATER CONSERVATION MONITORING; REPORT
[STUDY]. (a) The board [and the State Soil and Water Conservation
Board] shall:
(1) monitor trends in water conservation
implementation;
(2) monitor new technologies for possible inclusion by
the board and commission in updating water conservation programs
that suggest best management practices under Section 11.1271(e);
(3) monitor the effectiveness of the statewide water
conservation public awareness program developed under Section
16.401 and associated local involvement in implementation of the
program;
(4) monitor the implementation of water conservation
strategies by water users included in regional water plans; and
(5) monitor target and goal guidelines for water
conservation to be considered by the board and the commission under
Section 11.1271(d).
(b) Not later than December 1 of each even-numbered year,
the board shall submit to the governor, lieutenant governor, and
speaker of the house of representatives a report on the progress
made in water conservation in this state [jointly conduct a study of
the ways to improve or expand water conservation efforts and report
to the legislature].
[(b) The report must include:
[(1) an assessment of both agricultural and municipal
water conservation issues;
[(2) information on existing conservation efforts by
the board and the State Soil and Water Conservation Board;
[(3) information on existing conservation efforts by
municipalities receiving funding from the board, as specified in
water conservation plans submitted by the municipalities as part of
their applications for assistance;
[(4) a discussion of future conservation needs;
[(5) an analysis of programmatic approaches and
funding for additional conservation efforts;
[(6) an assessment of existing statutory authority and
whether changes are needed to more effectively promote and fund
conservation projects; and
[(7) an assessment of the board's agricultural water
conservation program.
[(c) The report shall be issued as part of, or as a
supplement to, the state water plan.]
SECTION 2.19. Section 16.053, Water Code, is amended by
adding Subsection (d-1) and amending Subsection (e) to read as
follows:
(d-1) The board shall provide to each regional water
planning group the board's estimate of the amount of groundwater
available in each applicable groundwater management area.
(e) Each regional water planning group shall submit to the
board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the board under Section 16.051(d);
(2) provides information based on data provided or
approved by the board in a format consistent with the guidelines
provided by the board under Subsection (d);
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the board
under Subsection (d-1) on the amount of groundwater available in
the applicable groundwater management areas, in accordance with the
guidelines provided by the board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response; and
(C) actions to be taken as part of the response;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region;
(B) approved [certified] groundwater
conservation district management plans and other plans submitted
under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, conjunctive use,
acquisition of available existing water supplies, and development
of new water supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements; and
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder;
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists; and
(8) describes the impact of proposed water projects on
water quality.
SECTION 2.20. Section 16.053(h), Water Code, is amended by
adding Subdivisions (10), (11), and (12) to read as follows:
(10) The regional water planning group may amend the
regional water plan after the plan has been approved by the board.
Subdivisions (1)-(9) apply to an amendment to the plan in the same
manner as those subdivisions apply to the plan.
(11) This subdivision applies only to an amendment to
a regional water plan approved by the board. This subdivision does
not apply to the adoption of a subsequent regional water plan for
submission to the board as required by Subsection (i).
Notwithstanding Subdivision (10), the regional water planning
group may amend the plan in the manner provided by this subdivision
if the executive administrator determines that the amendment
qualifies for adoption in the manner provided by this subdivision
before the regional water planning group votes on adoption of the
amendment. An amendment qualifies for adoption in the manner
provided by this subdivision only if the amendment will not result
in the overallocation of any existing or planned source of water,
does not relate to a new reservoir, and will not have a significant
effect on instream flows or freshwater inflows to bays and
estuaries. If the executive administrator determines that an
amendment qualifies for adoption in the manner provided by this
subdivision, the regional water planning group may adopt the
amendment at a public meeting held in accordance with Chapter 551,
Government Code. The amendment must be placed on the agenda for the
meeting, and notice of the meeting must be given in the manner
provided by Chapter 551, Government Code, at least two weeks before
the date the meeting is held. The public must be provided an
opportunity to comment on the amendment at the meeting.
(12) Notwithstanding Subdivisions (10) and (11), a
regional water planning group may revise a regional water plan
approved by the board without complying with Subdivisions (1)-(9)
or obtaining a determination from the executive administrator that
the revision qualifies for adoption in the manner provided by
Subdivision (11) if the revision consists only of substituting an
alternative water management strategy for a water management
strategy recommended in the regional water plan. The regional
water planning group may adopt the revision to the regional water
plan at a public meeting held in accordance with Chapter 551,
Government Code.
SECTION 2.21. Section 16.131, Water Code, is amended to
read as follows:
Sec. 16.131. AUTHORIZED PROJECTS. (a) The board may use
the state participation account of the development fund to
encourage optimum regional development of projects including the
design, acquisition, lease, construction, reconstruction,
development, or enlargement in whole or part of:
(1) reservoirs and storm water retention basins for
water supply, flood protection, and groundwater recharge;
(2) facilities for the transmission and treatment of
water; and
(3) treatment works as defined by Section 17.001 [of
this code].
(b) In its funding programs under this chapter, the board
shall give priority to applications for water supply projects that
promote conjunctive use. The board shall consider incentives for
promoting conjunctive use, including low or zero interest rate
loans.
SECTION 2.22. Chapter 16, Water Code, is amended by adding
Subchapters K and L to read as follows:
SUBCHAPTER K. WATER CONSERVATION
Sec. 16.401. STATEWIDE WATER CONSERVATION PUBLIC AWARENESS
PROGRAM. The executive administrator shall develop and implement a
statewide water conservation public awareness program to educate
residents of this state about water conservation. The program
shall take into account the differences in water conservation needs
of various geographic regions of the state and shall be designed to
complement and support existing local and regional water
conservation programs.
Sec. 16.402. WATER CONSERVATION PLAN REVIEW. (a) Each
entity that is required to submit a water conservation plan to the
commission under this code shall submit a copy of the plan to the
executive administrator.
(b) Each entity that is required to submit a water
conservation plan to the executive administrator, board, or
commission under this code shall report annually to the executive
administrator on the entity's progress in implementing the plan.
(c) The executive administrator shall review each water
conservation plan and annual report to determine compliance with
the minimum requirements of all applicable laws and rules.
SUBCHAPTER L. REGULATION OF WATER MARKETING
Sec. 16.451. LICENSE REQUIRED. Unless the person holds a
license issued by the executive administrator under this
subchapter, a person may not:
(1) sell or lease a right of any kind to more than 100
acre-feet a year of surface water or groundwater to another person;
or
(2) agree to provide more than 100 acre-feet a year of
surface water or groundwater to another person.
Sec. 16.452. ELIGIBILITY FOR LICENSE. To be eligible for a
license under this subchapter, a person must submit to the
executive administrator:
(1) an application on a form prescribed by board rule;
and
(2) a fee in an amount determined by board rule that is
sufficient to cover the costs incurred by the board in
administering this subchapter.
Sec. 16.453. LICENSE RENEWAL. A license issued under this
subchapter must be renewed annually.
Sec. 16.454. REGISTRATION OF WATER TRANSFERS. A person who
sells or leases a right of any kind to more than 100 acre-feet a year
of surface water or groundwater to another person or agrees to
provide more than 100 acre-feet a year of surface water or
groundwater to another person shall register the sale, lease, or
agreement with the executive administrator by submitting to the
executive administrator:
(1) a report concerning the sale, lease, or agreement
that complies with rules adopted by the board; and
(2) a transfer registration fee in an amount
determined by board rule that is sufficient to cover the costs
incurred by the board in administering this subchapter.
Sec. 16.455. ADMINISTRATIVE PENALTY. (a) A person who
sells or leases a right of any kind to surface water or groundwater
or agrees to provide surface water or groundwater in violation of
Section 16.451 or 16.454 is subject to an administrative penalty.
The amount of the penalty may not exceed $5,000 for each sale,
lease, or agreement in violation of Section 16.451 or 16.454. A
separate penalty may be imposed for a violation of each section if a
sale, lease, or agreement violates both sections.
(b) The executive administrator may refer a violation of
Section 16.451 or 16.454 to the commission. The commission may
impose an administrative penalty for the violation in the manner
provided by Subchapter C, Chapter 7.
Sec. 16.456. DEPOSIT OF FEES AND PENALTIES IN WATER
INFRASTRUCTURE FUND. A fee or administrative penalty collected
under this subchapter shall be deposited to the credit of the water
infrastructure fund.
SECTION 2.23. Section 17.001, Water Code, is amended by
adding Subdivision (26) to read as follows:
(26) "Conjunctive use" has the meaning assigned by
Section 11.002.
SECTION 2.24. Subchapter A, Chapter 17, Water Code, is
amended by adding Section 17.004 to read as follows:
Sec. 17.004. PRIORITY FOR CONJUNCTIVE USE APPLICATIONS. In
its funding programs under this chapter, the board shall give
priority to applications for water supply projects that promote
conjunctive use. The board shall consider incentives for promoting
conjunctive use, including low or zero interest rate loans.
SECTION 2.25. Section 17.125, Water Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) The board shall give priority to applications for
funds for implementation of water supply projects in the state
water plan by entities that:
(1) have already demonstrated significant water
conservation savings; or
(2) will achieve significant water conservation
savings by implementing the proposed project for which the
financial assistance is sought.
SECTION 2.26. Section 26.003, Water Code, is amended to
read as follows:
Sec. 26.003. POLICY OF THIS SUBCHAPTER. It is the policy of
this state and the purpose of this subchapter to maintain the
quality of water in the state consistent with the public health and
enjoyment, the propagation and protection of terrestrial and
aquatic life, and the operation of existing industries, taking into
consideration the economic development of the state; to encourage
and promote the development and use of regional and areawide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of the citizens of the state; to encourage the
stewardship of public and private lands to benefit waters of the
state; and to require the use of all reasonable methods to implement
this policy.
SECTION 2.27. Section 26.027, Water Code (effective upon
delegation of NPDES permit authority), is amended by adding
Subsections (a-1) and (c-1) to read as follows:
(a-1) The commission may issue permits and amendments to
permits for the injection and subsequent recovery for beneficial
use of waste or pollutants into an aquifer in this state. A permit
may not be issued authorizing the injection of any radiological,
chemical, or biological warfare agent or high–level radioactive
waste. The commission may refuse to issue a permit if the
commission finds that issuance of the permit would:
(1) violate a state or federal law or a rule or
regulation adopted under such a law;
(2) alter the physical, chemical, or biological
quality of native groundwater to a degree that the introduction
would:
(A) render groundwater produced from the aquifer
harmful or detrimental to people, animals, vegetation, or property;
or
(B) require treatment of the groundwater to a
greater extent than the native groundwater requires before being
applied to that beneficial use; or
(3) interfere with the purpose of this chapter.
(c-1) A person may not commence injection until the
commission has issued a permit to authorize the injection of waste
from the treatment facility, except with the approval of the
commission.
SECTION 2.28. Section 27.012, Water Code, is amended by
adding Subsection (c) to read as follows:
(c) Applications for injection of wastewater treated under
a permit issued under Chapter 26 for purposes of injection into an
aquifer for storage and subsequent recovery for beneficial use
shall be processed in accordance with this chapter for the benefit
of the state and the preservation of its natural resources.
SECTION 2.29. Subchapter B, Chapter 27, Water Code, is
amended by adding Section 27.022 to read as follows:
Sec. 27.022. PERMIT FOR INJECTION FOR STORAGE AND RECOVERY
OF TREATED WASTEWATER IN CLASS V WELLS. (a) The commission may
issue a permit to inject for storage and subsequent recovery for
beneficial use wastewater treated under a permit issued under
Chapter 26 in a Class V injection well if the applicant for the
permit meets all the statutory and regulatory requirements for the
issuance of a permit for a Class V injection well.
(b) The commission by rule shall provide for public notice
and comment on an application for a permit authorized by this
section. Notwithstanding Section 27.018, an application for a
permit authorized by this section is not subject to the hearing
requirements of Chapter 2001, Government Code.
SECTION 2.30. Section 35.007(a), Water Code, is amended to
read as follows:
(a) The executive director and the executive administrator
shall meet periodically to identify, based on information gathered
by the commission and the Texas Water Development Board, those
areas of the state that are experiencing or that are expected to
experience, within the immediately following 50-year [25-year]
period, critical groundwater problems, including shortages of
surface water or groundwater, land subsidence resulting from
groundwater withdrawal, and contamination of groundwater supplies.
Not later than September 1, 2005, the commission, with assistance
and cooperation from the Texas Water Development Board, shall
complete the initial designation of priority groundwater
management areas across all major and minor aquifers of the state
for all areas that meet the criteria for that designation. The
studies may be prioritized considering information from the
regional planning process, information from the Texas Water
Development Board groundwater management areas and from
groundwater conservation districts, and any other information
available. After the initial designation of priority groundwater
management areas, the commission and the Texas Water Development
Board shall annually review the need for additional designations as
provided by this subsection.
SECTION 2.31. Section 36.001, Water Code, is amended by
adding Subdivision (4-a) to read as follows:
(4-a) "Federal conservation program" means the
Conservation Reserve Program of the United States Department of
Agriculture, or any successor program.
SECTION 2.32. Subchapter A, Chapter 36, Water Code, is
amended by adding Section 36.0012 to read as follows:
Sec. 36.0012. DEFINITIONS PROVIDED UNDER RULES. The Texas
Water Development Board by rule shall define common terms for use by
districts and groundwater management area councils related to
groundwater measurement or data collection. Each district and
groundwater management area council must use these defined terms
consistently in drafting the district's groundwater management
plan or other documents. The defined terms must include:
(1) the annual amount of withdrawals authorized by a
district;
(2) desired future condition of groundwater
resources;
(3) discharge;
(4) evidence of historic use;
(5) groundwater availability;
(6) groundwater management area;
(7) inflows;
(8) projected groundwater supply;
(9) outflows;
(10) recharge;
(11) total aquifer storage; and
(12) total usable amount of groundwater in an aquifer.
SECTION 2.33. Subchapter A, Chapter 36, Water Code, is
amended by adding Section 36.0016 to read as follows:
Sec. 36.0016. POLICY GOAL. It is the policy goal of this
chapter to ensure the consistent management of groundwater in a
shared management area by the groundwater conservation districts
located in that area.
SECTION 2.34. Section 36.002, Water Code, is amended to
read as follows:
Sec. 36.002. OWNERSHIP OF GROUNDWATER. The ownership and
rights of the owners of the land and their lessees and assigns in
groundwater are hereby recognized, and nothing in this code shall
be construed as depriving or divesting the owners or their lessees
and assigns of the ownership or rights, except as those rights may
be limited or altered by rules promulgated by a district. A rule
promulgated by a district may not discriminate between owners of
land that is irrigated for production and owners of land or their
lessees and assigns whose land is enrolled or participating in a
federal conservation program.
SECTION 2.35. Section 36.101(a), Water Code, is amended to
read as follows:
(a) A district may make and enforce rules, including rules
limiting groundwater production based on tract size or the spacing
of wells, to provide for conserving, preserving, protecting, and
recharging of the groundwater or of a groundwater reservoir or its
subdivisions in order to control subsidence, prevent degradation of
water quality, or prevent waste of groundwater and to carry out the
powers and duties provided by this chapter. During the rulemaking
process the board shall consider all groundwater uses and needs and
shall develop rules which are fair and impartial and that do not
discriminate between land that is irrigated for production and land
enrolled or participating in a federal conservation program. Any
rule of a district that discriminates between land that is
irrigated for production and land enrolled or participating in a
federal conservation program is void.
SECTION 2.36. Sections 36.1071(a), (b), (d), (e), and (g),
Water Code, are amended to read as follows:
(a) Following notice and hearing, the district shall, in
coordination with surface water management entities on a regional
basis, develop a comprehensive management plan which addresses the
following management goals, as applicable:
(1) providing the most efficient use of groundwater;
(2) controlling and preventing waste of groundwater;
(3) controlling and preventing subsidence;
(4) addressing conjunctive surface water management
issues;
(5) addressing natural resource issues;
(6) addressing drought conditions; [and]
(7) addressing conservation, recharge enhancement,
rainwater harvesting, or brush control, where appropriate and
cost-effective;
(8) addressing a data collection program that meets
standards established by Texas Water Development Board rules; and
(9) addressing in a quantitative manner the desired
future conditions for the groundwater resources within the district
established by the groundwater management area council under
Section 36.108.
(b) A [After January 5, 2002, a] district management plan,
or any amendments to a district management plan, shall be developed
by the district using the district's best available data and
forwarded to the regional water planning group for consideration in
their planning process.
(d) The commission shall provide technical assistance to a
district during its initial operational phase. The Texas Water
Development Board shall train districts on basic data collection
methodology and provide technical assistance to districts as
provided by Section 16.0122.
(e) In the management plan described under Subsection (a),
the district shall:
(1) identify the performance standards and management
objectives under which the district will operate to achieve the
management goals identified under Subsection (a);
(2) specify, in as much detail as possible, the
actions, procedures, performance, and avoidance that are or may be
necessary to effect the plan, including specifications and proposed
rules;
(3) include estimates of the following:
(A) [the existing total usable amount of]
groundwater availability in the district based on the desired
future condition of the aquifer established by the groundwater
management area council under Section 36.108;
(B) the amount of groundwater [being] used within
the district on an annual basis for each of the preceding 10 years;
(C) the annual amount of recharge, if any, to the
groundwater resources within the district and how natural or
artificial recharge may be increased; and
(D) the projected water supply and projected
demand for water within the district; and
(4) address water supply needs in a manner that is not
in conflict with the adopted state [appropriate approved regional]
water plan [if a regional water plan has been approved under Section
16.053].
(g) The district [board] shall adopt amendments to the
management plan as necessary. Amendments to the management plan
shall be adopted after notice and hearing and shall otherwise
comply with the requirements of this section.
SECTION 2.37. Section 36.1072, Water Code, is amended to
read as follows:
Sec. 36.1072. COUNCIL [TEXAS WATER DEVELOPMENT BOARD]
REVIEW AND APPROVAL [CERTIFICATION] OF MANAGEMENT PLAN. (a) A
district shall, not later than two years after the creation of the
district or, if the district required confirmation, after the
election confirming the district's creation, submit the management
plan required under Section 36.1071 to the groundwater management
area council [executive administrator] for review and approval
[certification].
(b) Within 60 days of receipt of a management plan adopted
under Section 36.1071, readopted under Subsection (e) of this
section, or amended under Section 36.1073, the council [executive
administrator] shall approve [certify] a management plan that meets
the requirements specified by Subsections (b-1), (b-2), (b-3), and
(b-4).
(b-1) The [if the plan is administratively complete. A]
management plan must contain [is administratively complete when it
contains] the information required to be submitted under Section
36.1071. The groundwater management area council [executive
administrator] may determine whether [that] conditions justify
waiver of the requirements under Section 36.1071(e)(4).
(b-2) The management plan must be consistent with the
desired future condition of the groundwater resources in the
groundwater management area adopted under Section 36.108.
(b-3) The management plan must be consistent with the
groundwater availability adopted for the district under Section
36.108.
(b-4) The performance standards and management objectives
included in the plan under Section 36.1071(e) must be consistent
with achieving the desired future condition of the groundwater
resources in the groundwater management area adopted under Section
36.108.
(c) Once the groundwater management area council has
approved a [determination that a] management plan [is
administratively complete has been made]:
(1) the council [executive administrator] may not
revoke but may suspend the approval as provided by Subsection (g)
[determination that a management plan is administratively
complete]; and
(2) the council [executive administrator] may request
additional information from the district if the information is
necessary to clarify, modify, or supplement previously submitted
material, but [; and
[(3)] a request for additional information does not
render the management plan unapproved [incomplete].
(d) A management plan takes effect on approval
[certification] by the groundwater management area council
[executive administrator] or, if appealed, on approval
[certification] by the Texas Water Development Board.
(e) The board may review the plan annually and must review
and readopt the plan with or without revisions at least once every
five years. The district shall provide the readopted plan to the
groundwater management area council not later than the 60th day
after the date on which the plan was readopted. Approval of the
preceding management plan remains in effect until:
(1) the district fails to timely readopt a management
plan;
(2) the district fails to timely submit the district's
readopted management plan to the council; or
(3) the council determines that the readopted
management plan does not meet the requirements for approval, and
the district has exhausted all appeals to the Texas Water
Development Board.
(f) If the groundwater management area council [executive
administrator] does not approve [certify] the management plan, the
council [executive administrator] shall provide to the district, in
writing, the reasons for the action. Not later than the 180th day
after the date a district receives notice that its management plan
has not been approved [certified], the district may submit a
revised management plan for review and approval [certification].
The council's [executive administrator's] decision may be appealed
to the Texas Water Development Board. The decision of the Texas
Water Development Board on whether to approve [certify] the
management plan may not be appealed. The commission shall not take
enforcement action against a district under Subchapter I until the
later of the expiration of the 180-day period or the date the Texas
Water Development Board has taken final action withholding approval
[certification] of a revised management plan.
(g) In this subsection, "development board" means the Texas
Water Development Board, and "council" means the groundwater
management area council. A person with a legally defined interest
in groundwater in a district or the regional water planning group
may file a petition with the council [board] stating that a conflict
requiring resolution may exist between the district's approved
[certified groundwater conservation district] management plan
developed under Section 36.1071 and the state water plan. If a
conflict exists, the council [board] shall facilitate coordination
between the involved person or regional water planning group and
the district to resolve the conflict. If conflict remains, the
council shall petition the development board to [shall] resolve the
conflict. The development board action under this provision may be
consolidated, at the option of the development board, with related
action under Section 16.053(p). If the development board
determines that resolution of the conflict requires a revision of
the approved [certified groundwater conservation district]
management plan, the council [board] shall suspend the approval
[certification] of the plan and provide information to the
district. The district shall prepare any revisions to the plan
specified by the council [board] and shall hold, after notice, at
least one public hearing at some central location within the
district. The district shall consider all public and development
board comments, prepare, revise, and adopt its plan, and submit the
revised plan to the council [board] for approval [certification].
On the request of the district or the regional water planning group,
the development board shall include discussion of the conflict and
its resolution in the state water plan that the development board
provides to the governor, the lieutenant governor, and the speaker
of the house of representatives under Section 16.051(e).
SECTION 2.38. Section 36.1073, Water Code, is amended to
read as follows:
Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment
to the management plan shall be submitted to the groundwater
management area council [executive administrator] within 60 days
following adoption of the amendment by the district's board. The
council [executive administrator] shall review and approve
[certify] any amendment which substantially affects the management
plan in accordance with the procedures established under Section
36.1072.
SECTION 2.39. Subchapter D, Chapter 36, Water Code, is
amended by amending Section 36.108 and adding Sections 36.1081 and
36.1082 to read as follows:
Sec. 36.108. GROUNDWATER MANAGEMENT AREA COUNCIL; [JOINT]
PLANNING IN MANAGEMENT AREA. (a) In this section, "development
board" means the Texas Water Development Board.
(b) The development board shall establish a groundwater
management area council for each management area designated under
Section 35.007. The groundwater management area council shall
ensure the coordination of groundwater management in each
management area.
(c) Each groundwater management area council is composed of
the following representatives:
(1) the presiding officer of each groundwater
conservation district in the groundwater management area or the
presiding officer's designee; and
(2) residents of a district in the groundwater
management area appointed by the development board as follows:
(A) one representative of retail water utility or
municipal interests located wholly or partly in the groundwater
management area;
(B) one representative of a regional water
planning group as designated under Section 16.053, for each
regional water planning area located wholly or partly in the
groundwater management area;
(C) one representative of agricultural interests
who is an individual actively engaged in production agriculture;
and
(D) if applicable, one representative who holds a
permit from a district to use groundwater outside the boundaries of
the district.
(d) If the number of representatives on the groundwater
management area council that results from the application of
Subsection (c) is an even number, the representatives shall appoint
an additional representative by a two-thirds vote of those
representatives. The additional member must be a resident of a
district in the groundwater management area with a reasonable
knowledge of groundwater issues and hydrology in the area.
(e) The groundwater management area council shall elect one
of the representatives as presiding officer of the council.
(f) A person appointed under Subsection (c)(2) or (d) may
not be an employee or officer of a district or a state or federal
agency.
(g) A member of the council appointed under Subsection
(c)(2) or (d) serves a two–year term expiring August 31 of each
odd-numbered year. If a vacancy occurs, the appropriate entity
shall appoint a successor not later than the 60th day after the date
the entity received notice of the vacancy.
(h) Not later than the second anniversary of the appointment
of a groundwater management area council, and at least every fifth
year after that anniversary, each groundwater management area
council shall adopt:
(1) a statement that in a quantified manner describes
the desired future condition of the groundwater resources in the
groundwater management area; and
(2) an estimate of the groundwater availability for
each district in the groundwater management area based on the
groundwater availability adopted by the development board for the
groundwater management area.
(i) A groundwater management area council may:
(1) perform areawide hydrogeologic studies and
modeling;
(2) coordinate with a district, regional water
planning group, political subdivision, the commission, the
development board, or any other person or entity regarding
groundwater management;
(3) establish groundwater monitoring networks in the
groundwater management area; and
(4) designate a political subdivision to perform a
duty required by this section, including by executing a necessary
contract.
(j) In adopting the groundwater availability and future
groundwater conditions under Subsection (h), each groundwater
management area council shall:
(1) use the groundwater availability adopted by the
development board for the groundwater management area;
(2) use groundwater availability models developed by
the executive administrator or other data approved by the executive
administrator; and
(3) consider recommendations that districts in the
groundwater management area propose.
(k) The commission and the development board shall provide
technical assistance to a groundwater management area council in
the development of the groundwater conditions statement and
availability estimate under Subsection (h).
(l) Each groundwater management area council shall submit
the council's adopted groundwater conditions statement and
availability estimate to the development board for review and
comment. If the development board finds that the submitted
statement and estimate are in conflict with the state water plan or
the groundwater availability adopted by the development board for
the council's groundwater management area, the development board
shall provide comment and recommendations to the council to resolve
the conflict. The council shall amend the adopted statement and
estimate accordingly.
(m) Each groundwater management area council shall review
and approve the groundwater management plan, amendment, or
readoption prepared by each district in the groundwater management
area in accordance with Sections 36.1071, 36.1072, and 36.1073.
The groundwater management area council shall determine if the plan
or the amended or readopted plan is consistent with the statement of
groundwater conditions and the estimate of groundwater
availability adopted under Subsection (h).
(n) Each groundwater management area council shall:
(1) conduct all meetings in accordance with Chapter
551, Government Code;
(2) provide notice for each meeting in the manner
prescribed by Chapter 551, Government Code, for a district board of
directors meeting; and
(3) comply with the provisions of Chapter 552,
Government Code.
(o) A cause of action does not accrue against a groundwater
management area council, a representative serving on a groundwater
management area council, or an employee of a political subdivision
designated under Subsection (i)(4) for an act or omission if the
council, representative, or employee committed the act or omission
while acting in good faith and in the course and scope of the
council's, representative's, or employee's work related to the
groundwater management area council.
(p) A groundwater management area council, a representative
serving on a groundwater management area council, or an employee of
a political subdivision designated under Subsection (i)(4) is not
liable for damages arising from an act or omission if the council,
representative, or employee committed the act or omission while
acting in good faith and in the course and scope of the council's,
representative's, or employee's work related to the groundwater
management area council.
(q) On request, the attorney general shall represent a
groundwater management area council, a representative serving on a
groundwater management area council, or an employee of a political
subdivision designated under Subsection (i)(4) in a suit arising
from an act or omission relating to the groundwater management area
council.
(r) A person with a legally defined interest in the
groundwater in the groundwater management area, a district in or
adjacent to the groundwater management area, or a regional water
planning group for a region in the groundwater management area may
file a petition with the development board appealing the approval
of the groundwater management area plan. The petition must provide
evidence that:
(1) the groundwater management area plan approved by
the council does not establish a reasonable desired future
condition of the groundwater resources in the groundwater
management area;
(2) the management area plan approved by the council
does not establish reasonable groundwater availability for the
district; or
(3) the groundwater in the groundwater management area
will not be adequately protected.
(s) The development board shall review the petition and any
evidence relevant to the petition. The development board shall
hold at least one hearing at a central location in the management
area to take testimony on the petition. If the development board
finds that the groundwater management area plan requires revision,
the development board shall submit a report to the groundwater
management area council that includes a list of findings and
recommended revisions to the groundwater management area plan.
(t) The groundwater management area council shall prepare a
revised plan in accordance with development board recommendations
and hold, after notice, at least one public hearing at a central
location in the groundwater management area. After consideration
of all public and development board comments, the council shall
revise the plan and submit the plan to the development board for
review [If two or more districts are located within the boundaries
of the same management area, each district shall prepare a
comprehensive management plan as required by Section 36.1071
covering that district's respective territory. On completion and
certification of the plan as required by Section 36.1072, each
district shall forward a copy of the new or revised management plan
to the other districts in the management area. The boards of the
districts shall consider the plans individually and shall compare
them to other management plans then in force in the management area.
[(b) The board of directors of each district in the
management area may, by resolution, call for joint planning with
the other districts in the management area to review the management
plans and accomplishments for the management area. In reviewing
the management plans, the boards shall consider:
[(1) the goals of each management plan and its impact
on planning throughout the management area;
[(2) the effectiveness of the measures established by
each management plan for conserving and protecting groundwater and
preventing waste, and the effectiveness of these measures in the
management area generally; and
[(3) any other matters that the boards consider
relevant to the protection and conservation of groundwater and the
prevention of waste in the management area.
[(c) If a joint meeting of the boards of directors is
called, the meeting must be held in accordance with Chapter 551,
Government Code. Notice of the meeting shall be given in accordance
with the requirements for notice of district board of directors
meetings under that Act].
Sec. 36.1081. COUNCIL PETITION AGAINST DISTRICT.
(a) [(d)] A groundwater [district in the] management area council
for good cause may file [with good cause] a petition with the
commission requesting an inquiry if [the petitioner district
adopted a resolution calling for joint planning and the other
district or districts refused to join in the planning process or the
process failed to result in adequate planning, and the petition
provides evidence that]:
(1) a [another] district in the groundwater management
area has failed to submit its management plan to the groundwater
management area council [adopt rules];
(2) a district in the groundwater management area has
failed to adopt or make reasonable progress toward adopting rules;
(3) the rules adopted by a district are not designed to
achieve the desired future condition of the groundwater resources
in the groundwater management area established by the groundwater
management area plan [the groundwater in the management area is not
adequately protected by the rules adopted by another district]; or
(4) [(3)] the groundwater in the groundwater
management area is not adequately protected due to the failure of a
[another] district to enforce substantial compliance with its
rules.
(b) [(e)] Not later than the 90th day after the date the
petition is filed, the commission shall review the petition and
either:
(1) dismiss the petition if the commission [it if it]
finds that the evidence is not adequate to show that any of the
conditions alleged in the petition exist; or
(2) select a review panel as provided in Subsection
(c) [(f)].
(c) [(f)] If the petition is not dismissed under Subsection
(b) [(e)], the commission shall appoint a review panel consisting
of a chairman and four other members. A director or general manager
of a district located outside the groundwater management area that
is the subject of the petition may be appointed to the review panel.
The commission may not appoint more than two members of the review
panel from any one district. The commission also shall appoint a
disinterested person to serve as a nonvoting recording secretary
for the review panel. The recording secretary may be an employee of
the commission. The recording secretary shall record and document
the proceedings of the panel.
(d) [(g)] Not later than the 120th day after appointment,
the review panel shall review the petition and any evidence
relevant to the petition and, in a public meeting, consider and
adopt a report to be submitted to the commission. The commission
may direct the review panel to conduct public hearings at a location
in the groundwater management area to take evidence on the
petition. The review panel may attempt to negotiate a settlement or
resolve the dispute by any lawful means.
(e) [(h)] In its report, the review panel shall include:
(1) a summary of all evidence taken in any hearing on
the petition;
(2) a list of findings and recommended actions
appropriate for the commission to take and the reasons it finds
those actions appropriate; and
(3) any other information the panel considers
appropriate.
(f) [(i)] The review panel shall submit its report to the
commission. The commission may take action under Section 36.3011.
Sec. 36.1082. DISTRICT COOPERATION. [(j)] Districts
located within the same groundwater management areas or in adjacent
management areas may contract to jointly conduct studies or
research, or to construct projects, under terms and conditions that
the districts consider beneficial. These joint efforts may include
studies of groundwater availability and quality, aquifer modeling,
and the interaction of groundwater and surface water; educational
programs; the purchase and sharing of equipment; and the
implementation of projects to make groundwater available,
including aquifer recharge, brush control, weather modification,
desalination, regionalization, and treatment or conveyance
facilities. The districts may contract under their existing
authorizations including those of Chapter 791, Government Code, if
their contracting authority is not limited by Sections
791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
SECTION 2.40. Section 36.113, Water Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsections
(h)-(l) to read as follows:
(a) A district shall require permits for [the] drilling,
equipping, [or] completing, or operating [of] wells or for
substantially altering the size of wells or well pumps.
(c) A district may require that the following be included in
the permit application:
(1) the name and mailing address of the applicant and
the owner of the land on which the well will be located;
(2) if the applicant is other than the owner of the
property, documentation establishing the applicable authority to
construct and operate a well for the proposed purpose of use;
(3) a statement of the nature and purpose of the
proposed use and the amount of water to be used for each purpose;
(4) a water conservation plan or a declaration that
the applicant will comply with the district's management plan;
(5) the location of each well and the estimated rate at
which water will be withdrawn;
(6) a water well closure plan or a declaration that the
applicant will comply with well plugging guidelines and report
closure to the commission; and
(7) a drought contingency plan.
(e) The district may impose more restrictive permit
conditions on new permit applications and increased use by historic
or existing users if the limitations:
(1) apply to all subsequent new permit applications
and increased use by historic or existing users, regardless of type
or location of use;
(2) bear a reasonable relationship to the existing
district management plan; and
(3) are reasonably necessary to protect existing use.
(h) A district shall provide that a change in the purpose of
use under a permit may not be made without prior approval of a
permit amendment if the permit was granted for historic or existing
use. In granting a permit amendment changing the purpose for which
the water is used, the district shall subject the amended permit to
the same rules that apply to any other permit issued by the district
not based on historic or existing use.
(i) A district that authorizes a permit for historic or
existing use shall issue the permit based on evidence of historic or
existing use for any one year before the district was created only
for the purpose, place, and amount used in that year.
(j) In issuing a permit for an existing or historic use, a
district may not discriminate between land that is irrigated for
production and land or wells on land enrolled or participating in a
federal conservation program.
(k) A permitting decision by a district is void if:
(1) the district makes its decision in violation of
Subsection (j); and
(2) the district would have reached a different
decision if the district had treated land or wells on land enrolled
or participating in a federal conservation program the same as land
irrigated for production.
(l) On the application of an affected owner of land or the
owner's lessee or assigns, the district shall reconsider a decision
that is void under Subsection (k) and base its decision on the equal
treatment of land or wells on land enrolled or participating in a
federal conservation program and land that is irrigated for
production. Not later than the 90th day after the date the district
receives an application under this subsection, the district shall
render its decision and notify the applicant of its decision.
SECTION 2.41. Section 36.116(b), Water Code, is amended to
read as follows:
(b) In promulgating any rules limiting groundwater
production, the district may preserve historic or existing use
before the effective date of the rules to the maximum extent
practicable consistent with the district's comprehensive
management plan under Section 36.1071. A rule promulgated under
this section to preserve a historic or existing use does not apply
if the purpose for which the groundwater is used is changed from the
purpose of use authorized by the existing use permit to a new
purpose.
SECTION 2.42. Subchapter D, Chapter 36, Water Code, is
amended by adding Section 36.125 to read as follows:
Sec. 36.125. APPEAL OF DISTRICT ACTION TO DISPUTE
RESOLUTION PANEL. (a) If a dispute arises between a district and a
person affected by an action taken by the district under this
subchapter, either the district or the affected person may file a
petition with the commission requesting the appointment of a
dispute resolution panel to mediate the dispute and assist the
parties in reaching resolution of the dispute.
(b) A petition filed under this section must include:
(1) the name of and contact information for each
party;
(2) a brief summary of the dispute along with a copy of
any relevant document, including a permit, an application, a
timeline, the district's enabling statute, a rule, a groundwater
management plan, or the groundwater management area plan; and
(3) other information required by the commission.
(c) Not later than the 60th day after the date the petition
is filed, the commission shall review the petition and:
(1) dismiss it if the commission finds that the
petition is baseless, frivolous, or fails to present an issue that
is appropriate for panel review; or
(2) select a panel as provided by Subsection (e).
(d) If the petition is dismissed, the commission shall
provide the reasons for the dismissal in writing to the district and
the affected person.
(e) If the petition is not dismissed, the commission shall
appoint three members of a dispute resolution panel, including the
chair of the panel, who must be officers or employees of a district
located outside the groundwater management area in which the
parties to the dispute are located. The three appointed members
shall select two other panel members who are not otherwise involved
in or affected by the matter in dispute and whose knowledge or
expertise may be useful in resolving the dispute. Not more than two
panel members may be from the same district.
(f) The commission shall appoint a neutral person to serve
as a nonvoting recording secretary for the panel. The recording
secretary appointed may be a commission employee. The recording
secretary shall record and document the panel's proceedings.
(g) Not later than the 60th day after the date the panel is
appointed, the panel shall review the petition and any information
relevant to the petition and begin holding meetings with the
parties to mediate the dispute. The panel may attempt to negotiate
a settlement or resolve the dispute by any other lawful means. The
panel may consolidate multiple parties, appoint a person to
represent multiple parties, invite additional parties, or dismiss
parties as the panel considers appropriate. The Texas Water
Development Board and the commission shall provide technical and
legal assistance as requested by the panel.
(h) A court of this state shall take judicial notice of an
act or decision of a dispute resolution panel appointed under this
section and may stay an affected judicial proceeding pending a
final resolution from the panel.
SECTION 2.43. Section 36.301, Water Code, is amended to
read as follows:
Sec. 36.301. FAILURE TO SUBMIT A MANAGEMENT PLAN. If a
board fails to submit a management plan or readopted management
plan to receive approval [certification] of its management plan
under Section 36.1072 or fails to submit or receive approval
[certification] of an amendment to the management plan under
Section 36.1073, the commission shall take appropriate action under
Section 36.303.
SECTION 2.44. Section 36.3011, Water Code, is amended to
read as follows:
Sec. 36.3011. FAILURE OF [A] DISTRICT TO COMPLY WITH
GROUNDWATER MANAGEMENT AREA PLAN [CONDUCT JOINT PLANNING]. [(a)
If the board of a district within a common management area fails to
forward a copy of its new or revised certified management plan under
Section 36.108, the commission shall take appropriate action under
Section 36.303.
[(b)] Not later than the 45th day after receiving the review
panel's report under Section 36.1081 [36.108], the executive
director or the commission shall take action to implement any or all
of the panel's recommendations. The commission may take any action
against a district it considers necessary in accordance with
Section 36.303 if [If] the commission finds that:
(1) a district [in the joint planning area] has failed
to submit its plan to the groundwater management area council;
(2) a district has failed to adopt rules;
(3) the rules adopted by the district are not designed
to achieve the desired future condition of the groundwater
resources in the groundwater management area established under the
groundwater management area plan; or
(4) the district fails [, the groundwater in the
management area is not adequately protected by the rules adopted by
the district, or the groundwater in the management area is not
adequately protected because of the district's failure] to enforce
substantial compliance with its rules[, the commission may take any
action it considers necessary in accordance with Section 36.303].
SECTION 2.45. Section 36.303(a), Water Code, is amended to
read as follows:
(a) If Section 36.1081 [36.108], 36.301, 36.3011, or
36.302(f) applies, the commission, after notice and hearing in
accordance with Chapter 2001, Government Code, shall take action
the commission considers appropriate, including:
(1) issuing an order requiring the district to take
certain actions or to refrain from taking certain actions;
(2) dissolving the board in accordance with Sections
36.305 and 36.307 and calling an election for the purpose of
electing a new board;
(3) requesting the attorney general to bring suit for
the appointment of a receiver to collect the assets and carry on the
business of the groundwater conservation district; or
(4) dissolving the district in accordance with
Sections 36.304, 36.305, and 36.308.
SECTION 2.46. Title 5, Water Code, is amended by adding
Chapter 153 to read as follows:
CHAPTER 153. STATEWIDE GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 153.001. DEFINITION. In this chapter, "statewide
district" means the statewide groundwater conservation district
created under this chapter.
Sec. 153.002. NATURE OF DISTRICT. The statewide district
is a groundwater conservation district in this state created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
[Sections 153.003-153.050 reserved for expansion]
SUBCHAPTER B. DISTRICT TERRITORY
Sec. 153.051. INITIAL DISTRICT TERRITORY. The initial
territory of the statewide district is the combined territory of
all state-owned land not within the boundaries of a confirmed
groundwater conservation district on August 31, 2007.
[Sections 153.052-153.100 reserved for expansion]
SUBCHAPTER C. ADMINISTRATION
Sec. 153.101. ADMINISTRATION OF STATEWIDE DISTRICT. The
members of the Texas Commission on Environmental Quality shall
serve as the board of directors of the statewide district.
SECTION 2.47. Section 212.0101(b), Local Government Code,
is amended to read as follows:
(b) The Texas [Natural Resource Conservation] Commission on
Environmental Quality by rule shall establish the appropriate form
and content of a certification to be attached to a plat application
under this section.
SECTION 2.48. Section 232.0032(b), Local Government Code,
is amended to read as follows:
(b) The Texas [Natural Resource Conservation] Commission on
Environmental Quality by rule shall establish the appropriate form
and content of a certification to be attached to a plat application
under this section.
SECTION 2.49. (a) The executive administrator of the Texas
Water Development Board shall conduct a study to determine the
effects, if any, of take-or-pay contracts on efforts to conserve
water.
(b) Not later than January 1, 2007, the executive
administrator shall submit a report to the legislature that
includes:
(1) a summary of the findings made during the course of
the study; and
(2) recommendations for legislative action based on
those findings.
(c) This section expires September 1, 2007.
SECTION 2.50. Section 9.017, Water Code, is repealed.
SECTION 2.51. Section 11.173(b), Water Code, as amended by
this article, applies to a cancellation proceeding that is pending
on the effective date of this Act or is initiated on or after the
effective date of this Act.
SECTION 2.52. Not later than December 1, 2005, the Texas
Commission on Environmental Quality shall adopt rules as required
by Section 11.558, Water Code, as added by this article.
SECTION 2.53. Section 15.102(b), Water Code, as amended by
this article, and Section 17.125(b-2), Water Code, as added by this
article, apply only to an application for financial assistance
filed with the Texas Water Development Board on or after the
effective date of this Act. An application for financial
assistance filed before the effective date of this Act is governed
by the law in effect on the date the application was filed, and the
former law is continued in effect for that purpose.
SECTION 2.54. Not later than the 90th day after the
effective date of this Act, a groundwater conservation district
shall amend to bring into compliance with Sections 36.002 and
36.101(a), Water Code, as amended by this article, any rule enacted
before the effective date of this Act that is void under Section
36.101(a), Water Code, as amended by this article.
SECTION 2.55. (a) Not later than December 1, 2005:
(1) the Texas Water Development Board shall adopt
rules under Subchapter L, Chapter 16, Water Code, as added by this
article; and
(2) the executive administrator of the Texas Water
Development Board shall be prepared to accept applications
submitted under Section 16.452, Water Code, as added by this
article.
(b) A person is not required to obtain a license under
Section 16.451, Water Code, as added by this article, until March 1,
2006.
(c) Section 16.454, Water Code, as added by this article,
applies only to a sale, lease, or agreement entered into on or after
March 1, 2006.
SECTION 2.56. (a) The executive administrator of the Texas
Water Development Board shall appoint the initial appointed
representatives for each groundwater management area council as
provided by Section 36.108, Water Code, as amended by this article,
as soon as practicable on or after the effective date of this Act.
The terms of the initial representatives for each groundwater
management area council expire August 31, 2007.
(b) The Texas Water Development Board shall convene the
groundwater management area councils required under Section
36.108, Water Code, as amended by this article, not later than
September 1, 2006.
(c) The Texas Commission on Environmental Quality and the
Texas Water Development Board shall adopt any rules, models, and
forms necessary for the implementation of the groundwater
management area planning functions required by this article not
later than September 1, 2006.
SECTION 2.57. Chapter 153, Water Code, as added by this
article, takes effect September 1, 2007.
ARTICLE 3. FINANCING OF WATER PROJECTS
SECTION 3.01. Chapter 13, Water Code, is amended by adding
Subchapter O to read as follows:
SUBCHAPTER O. WATER CONSERVATION AND DEVELOPMENT FEE
Sec. 13.551. WATER CONSERVATION AND DEVELOPMENT FEE. Each
retail public utility shall collect from each ultimate consumer to
whom the utility provides retail water utility service a water
conservation and development fee as provided by this subchapter.
Sec. 13.552. RATE OF FEE. The rate of the fee imposed under
this subchapter is 13 cents for each 1,000 gallons of water sold to
the ultimate consumer for consumption each month.
Sec. 13.553. EXEMPTIONS. (a) The first 5,000 gallons of
water sold to the ultimate consumer for consumption each month is
exempt from the application of the fee if the consumer is a resident
of a single-family dwelling or a dwelling unit of a multifamily
dwelling.
(b) The exemption provided by Subsection (a) applies
without regard to:
(1) whether the retail water utility service is
bundled with another service; or
(2) the billing period used by the retail public
utility.
(c) An entity described by Section 151.309 or 151.310, Tax
Code, is exempt from the fee imposed by this subchapter.
Sec. 13.554. PAYMENT OF FEE. (a) On or before the 20th day
of the month following the end of each calendar month, each retail
water utility that sold water to an ultimate consumer for
consumption shall send to the comptroller the amount of the fee the
utility collected under this subchapter for the preceding calendar
month.
(b) A retail public utility that makes timely payment of the
fee imposed under this subchapter is entitled to retain an amount
equal to one-half of one percent of the amount of the fee collected
as reimbursement for the costs of collecting the fee for that month.
Sec. 13.555. REPORTS. On or before the 20th day of the
month following the end of each calendar month, each retail public
utility that sold water to an ultimate consumer for consumption
shall file with the comptroller a report stating:
(1) the number of gallons of water sold to ultimate
consumers during the preceding calendar month;
(2) the number of gallons of water sold to ultimate
consumers during the preceding calendar month on which the fee was
imposed; and
(3) any other information required by the comptroller.
Sec. 13.556. RECORDS. A retail public utility that sells
water to the ultimate consumer for consumption shall keep a
complete record of:
(1) the number of gallons of water sold to ultimate
consumers during the preceding calendar month;
(2) the number of gallons of water sold to ultimate
consumers during the preceding calendar month on which the fee was
imposed; and
(3) any other information required by the comptroller.
Sec. 13.557. ALLOCATION OF REVENUE. The revenue from the
fee imposed by this subchapter shall be deposited to the credit of
the water infrastructure fund and may be used only as provided by
Subchapter Q, Chapter 15.
SECTION 3.02. Section 15.407(a), Water Code, is amended to
read as follows:
(a) In this section, "economically distressed area" and
"political subdivision" have the meanings assigned by Section
17.941 [16.341 of this code].
SECTION 3.03. Section 15.973, Water Code, is amended to
read as follows:
Sec. 15.973. WATER INFRASTRUCTURE FUND. (a) The water
infrastructure fund is a special fund outside [in] the state
treasury to be administered by the board under this subchapter and
rules adopted by the board under this subchapter. Money in the fund
may be used to pay for the implementation of water projects
recommended through the state and regional water planning processes
under Sections 16.051 and 16.053.
(b) The fund consists of:
(1) appropriations from the legislature;
(2) any other fees or sources of revenue that the
legislature may dedicate for deposit to the fund;
(3) repayments of loans made from the fund;
(4) interest earned on money credited to the fund;
(5) depository interest allocable to the fund;
(6) money from gifts, grants, or donations to the
fund;
(7) money from revenue bonds or other sources
designated by the board; [and]
(8) proceeds from the sale of political subdivision
bonds or obligations held in the fund and not otherwise pledged to
the discharge, repayment, or redemption of revenue bonds or other
bonds, the proceeds of which were placed in the fund;
(9) the proceeds from the collection of the fee
imposed under Subchapter O, Chapter 13; and
(10) fees and penalties collected under Subchapter L,
Chapter 16.
SECTION 3.04. Section 15.974(a), Water Code, is amended to
read as follows:
(a) The board may use the fund:
(1) to make loans to political subdivisions at or
below market interest rates for projects;
(2) to make grants, low-interest loans, or zero
interest loans to political subdivisions for projects to serve
areas outside metropolitan statistical areas in order to ensure
that the projects are implemented, for conjunctive use projects, or
for projects to serve economically distressed areas;
(3) to make loans at or below market interest rates for
planning and design costs, permitting costs, and other costs
associated with state or federal regulatory activities with respect
to a project;
(4) as a source of revenue or security for the payment
of principal and interest on bonds issued by the board if the
proceeds of the sale of the bonds will be deposited in the fund;
[and]
(5) to pay the necessary and reasonable expenses of
the board in administering the fund; and
(6) to make transfers:
(A) to the state participation account and the
economically distressed areas program account of the Texas Water
Development Fund II authorized by Section 49-d-8, Article III,
Texas Constitution, and Subchapter L, Chapter 17, of this code, to
be used for the purposes authorized by those provisions;
(B) to the agricultural water conservation fund
authorized by Section 50-d, Article III, Texas Constitution, and
Subchapter J, Chapter 17, of this code, to be used for the purposes
authorized by those provisions;
(C) to the water assistance fund authorized by
Subchapter B; and
(D) from revenues collected under Subchapter O,
Chapter 13, during a fiscal biennium to the general revenue fund in
amounts not to exceed appropriations of general revenue for
operations of the board and for operations of the commission
related to the administration of programs relating to water
resources and water quality.
SECTION 3.05. Section 17.172, Water Code, is amended to
read as follows:
Sec. 17.172. APPLICABILITY. This subchapter applies to
financial assistance made available from the water supply account,
the water quality enhancement account, the flood control account,
[and] the economically distressed areas account, and the
economically distressed areas program account under Subchapters D,
F, G, [and] K, and K-1 of this chapter.
SECTION 3.06. Chapter 17, Water Code, is amended by adding
Subchapter K-1 to read as follows:
SUBCHAPTER K-1. STATEWIDE ASSISTANCE TO ECONOMICALLY DISTRESSED
AREAS FOR WATER SUPPLY AND SEWER SERVICE PROJECTS
Sec. 17.941. DEFINITIONS. In this subchapter:
(1) "Economically distressed area" means an area in
this state in which:
(A) water supply or sewer services are inadequate
to meet minimal needs of residential users as defined by board rule;
(B) financial resources are inadequate to
provide water supply and sewer services that will satisfy those
needs; and
(C) an established residential subdivision was
located on June 1, 2005, as determined by the board.
(2) "Financial assistance" means the funds provided by
the board to political subdivisions for water supply or sewer
services under this subchapter.
(3) "Political subdivision" means a county, a
municipality, a nonprofit water supply corporation created and
operating under Chapter 67, or a district or authority created
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution.
(4) "Sewer services" and "sewer facilities" mean
treatment works or individual, on-site, or cluster treatment
systems such as septic tanks and include drainage facilities and
other improvements for proper functioning of the sewer services and
other facilities.
Sec. 17.942. FINANCIAL ASSISTANCE. The economically
distressed areas program account may be used by the board to provide
financial assistance to political subdivisions for the
construction, acquisition, or improvement of water supply and sewer
services, including providing money from the account for the
state's participation in federal programs that provide assistance
to political subdivisions. Money from the proceeds of bonds issued
under the authority of Sections 49-d-7(b) or 49-d-8, Article III,
Texas Constitution, may not be used to provide financial assistance
under this subchapter.
Sec. 17.943. APPLICATION FOR FINANCIAL ASSISTANCE. (a) A
political subdivision may apply to the board for financial
assistance under this subchapter by submitting an application
together with a plan for providing water supply or sewer services to
an economically distressed area.
(b) The application and plan must include:
(1) the name of the political subdivision and its
principal officers;
(2) a citation of the law under which the political
subdivision operates and was created;
(3) a description of the existing water supply and
sewer facilities located in the area to be served by the proposed
project and include with the description a statement prepared and
certified by an engineer registered to practice in this state that
the facilities do not meet minimum state standards;
(4) information identifying the median household
income for the area to be served by the proposed project;
(5) a project plan prepared and certified by an
engineer registered to practice in this state that:
(A) describes the proposed planning, design, and
construction activities necessary for providing water supply and
sewer services that meet minimum state standards; and
(B) identifies the households to whom the
services will be provided;
(6) a budget that estimates the total cost of
providing water supply and sewer services to the economically
distressed area and a proposed schedule and method for repayment of
financial assistance consistent with board rules and guidelines;
and
(7) the total amount of assistance requested from the
economically distressed areas program account.
(c) A program of water conservation for the more effective
use of water is required for approval of an application for
financial assistance under this section in the same manner as such a
program is required for approval of an application for financial
assistance under Section 17.125.
(d) Before considering the application, the board may
require the applicant to:
(1) participate with the board in reviewing the
applicant's managerial, financial, or technical capabilities to
operate the system for which assistance is being requested;
(2) provide a written determination by the commission
of the applicant's managerial, financial, and technical
capabilities to operate the system for which assistance is being
requested;
(3) request that the comptroller perform a financial
management review of the applicant's current operations and, if the
comptroller is available to perform the review, provide the board
with the results of the review; or
(4) provide any other information required by the
board or the executive administrator.
Sec. 17.944. CONSIDERATIONS IN PASSING ON APPLICATION. (a)
In passing on an application for financial assistance, the board
shall consider:
(1) the need of the economically distressed area to be
served by the water supply or sewer services in relation to the need
of other political subdivisions requiring financial assistance
under this subchapter and the relative costs and benefits of all
applications;
(2) the availability of revenue or alternative
financial assistance for the area served by the project, from all
sources, for the payment of the cost of the proposed project;
(3) the financing of the proposed water supply or
sewer project, including consideration of:
(A) the budget and repayment schedule submitted
under Section 17.943(b)(6);
(B) other items included in the application
relating to financing; and
(C) other financial information and data
available to the board; and
(4) the feasibility of achieving cost savings by
providing a regional facility for water supply or wastewater
service and the feasibility of financing the project by using money
from the economically distressed areas program account or any other
available financial assistance.
(b) At the time an application for financial assistance is
considered, the board also must find that the area to be served by a
proposed project has a median household income of not more than 75
percent of the median state household income for the most recent
year for which statistics are available.
Sec. 17.945. APPROVAL OR DISAPPROVAL OF APPLICATION. After
considering the matters described by Section 17.944, the board by
resolution shall:
(1) approve the plan and application as submitted;
(2) approve the plan and application subject to the
requirements identified by the board or commission for the
applicant to obtain the managerial, financial, and technical
capabilities to operate the system and any other requirements,
including training under Subchapter M, the board considers
appropriate;
(3) deny the application and identify the requirements
or remedial steps the applicant must complete before the applicant
may be reconsidered for financial assistance;
(4) if the board finds that the applicant will be
unable to obtain the managerial, financial, or technical
capabilities to build and operate a system, deny the application
and issue a determination that a service provider other than the
applicant is necessary or appropriate to undertake the proposed
project; or
(5) deny the application.
Sec. 17.946. FINDINGS REGARDING PERMITS. (a) The board may
not release money for the construction of that portion of a project
that proposes surface water or groundwater development until the
executive administrator makes a written finding:
(1) that an applicant proposing surface water
development has the necessary water right authorizing it to
appropriate and use the water that the water supply project will
provide; or
(2) that an applicant proposing groundwater
development has the right to use water that the water supply project
will provide.
(b) The board may release money for the costs of planning,
engineering, architectural, legal, title, fiscal, or economic
investigation, studies, surveys, or designs before making the
finding required under Subsection (a) if the executive
administrator determines that a reasonable expectation exists that
the finding will be made before the release of funds for
construction.
(c) If an applicant includes a proposal for treatment works,
the board may not deliver money for the treatment works until the
applicant has received a permit for construction and operation of
the treatment works and approval of the plans and specifications
from the commission or unless such a permit is not required by the
commission.
Sec. 17.947. METHOD OF FINANCIAL ASSISTANCE. (a) The board
may provide financial assistance to political subdivisions under
this subchapter by using money in the economically distressed areas
program account to purchase political subdivision bonds.
(b) The board may make financial assistance available to
political subdivisions in any other manner that it considers
feasible, including:
(1) contracts or agreements with a political
subdivision for acceptance of financial assistance that establish
any repayment based on the political subdivision's ability to repay
the assistance and that establish requirements for acceptance of
the assistance; or
(2) contracts or agreements for providing financial
assistance in any federal or federally assisted project or program.
Sec. 17.948. TERMS OF FINANCIAL ASSISTANCE. (a) The board
may use money in the economically distressed areas program account
to provide financial assistance under this subchapter to a
political subdivision to be repaid in the form, manner, and time
provided by board rules and in the agreement between the board and
the political subdivision, taking into consideration the
information provided by Section 17.943.
(b) In providing financial assistance to an applicant under
this subchapter, the board may not provide to the applicant
financial assistance for which repayment is not required in an
amount that exceeds 50 percent of the total amount of the financial
assistance plus interest on any amount that must be repaid, unless
the Department of State Health Services issues a finding that a
nuisance dangerous to the public health and safety exists resulting
from water supply and sanitation problems in the area to be served
by the proposed project. The board and the applicant shall provide
to the Department of State Health Services information necessary to
make a determination, and the board and the Department of State
Health Services may enter into memoranda of understanding necessary
to carry out this subsection.
(c) The total amount of financial assistance provided by the
board to political subdivisions under this subchapter from
state-issued bonds for which repayment is not required may not
exceed at any time 90 percent of the total principal amount of
issued and unissued bonds authorized for purposes of this
subchapter.
(d) In determining the amount and form of financial
assistance and the amount and form of repayment, if any, the board
shall consider:
(1) rates, fees, and charges that the average customer
to be served by the project will be able to pay based on a comparison
of what other families of similar income who are similarly situated
pay for comparable services;
(2) sources of funding available to the political
subdivision from federal and private money and from other state
money;
(3) any local money of the political subdivision to be
served by the project if the economically distressed area to be
served by the board's financial assistance is within the boundary
of the political subdivision; and
(4) the just, fair, and reasonable charges for water
and wastewater service as provided by this code.
(e) In making its determination under Subsection (d)(1),
the board may consider any study, survey, data, criteria, or
standard developed or prepared by any federal, state, or local
agency, private foundation, banking or financial institution, or
other reliable source of statistical or financial data or
information.
(f) The board may provide financial assistance money under
this subchapter for treatment works only if the board determines
that it is not feasible in the area covered by the application to
use septic tanks as the method for providing sewer services under
the applicant's plan.
SECTION 3.07. Section 17.958(c), Water Code, is amended to
read as follows:
(c) Money on deposit in the economically distressed areas
program account may be used by the board for purposes provided by
Subchapter K or K-1 in the manner that the board determines
necessary for the administration of the fund.
SECTION 3.08. Sections 15.407(i) and 15.974(b), Water Code,
are repealed.
ARTICLE 4. SPECIAL DISTRICT CREATION
SECTION 4.01. Subtitle H, Title 6, Special District Local
Laws Code, is amended by adding Chapter 8805 to read as follows:
CHAPTER 8805. HOUSTON COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8805.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Houston County Groundwater
Conservation District.
Sec. 8805.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Houston County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8805.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held before September 1, 2007:
(1) the district is dissolved on September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Houston County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires on September 1, 2010.
Sec. 8805.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Houston County, Texas.
Sec. 8805.005. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. Except as otherwise provided by this
chapter, Chapter 36, Water Code, applies to the district.
[Sections 8805.006-8805.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8805.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
Not later than the 45th day after the effective date of this
chapter, nine temporary directors shall be appointed as follows:
(1) the Houston County Commissioners Court shall
appoint eight temporary directors, with two of the temporary
directors appointed from each of the four commissioners precincts
in the county to represent the precincts in which the temporary
directors reside; and
(2) the county judge of Houston County shall appoint
one temporary director who resides in the district to represent the
district at large.
(b) Of the temporary directors, at least one director must
represent rural water suppliers in the district and one must
represent agricultural interests in the district.
(c) If there is a vacancy on the temporary board of
directors of the district, the authority who appointed the
temporary director whose position is vacant shall appoint a person
to fill the vacancy in a manner that meets the representational
requirements of this section.
(d) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial
directors as provided by Section 8805.024; or
(2) the date this chapter expires under Section
8805.003.
Sec. 8805.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 36.055, Water Code, a
majority of the temporary directors shall convene the
organizational meeting of the district at a location within the
district agreeable to a majority of the directors. If an agreement
on location cannot be reached, the organizational meeting shall be
at the Houston County Courthouse.
Sec. 8805.023. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(c) Except as provided by this section, a confirmation
election must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code. The provision of Section
36.017(d), Water Code, relating to the election of permanent
directors does not apply to a confirmation election under this
section.
Sec. 8805.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8805.023,
the temporary directors of the district become the initial
directors of the district and serve on the board of directors until
permanent directors are elected under Section 8805.025.
(b) The two initial directors representing each of the four
commissioners precincts shall draw lots to determine which of the
two directors shall serve a term expiring June 1 following the first
regularly scheduled election of directors under Section 8805.025,
and which of the two directors shall serve a term expiring June 1
following the second regularly scheduled election of directors.
The at-large director shall serve a term expiring June 1 following
the second regularly scheduled election of directors.
Sec. 8805.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
the uniform election date prescribed by Section 41.001, Election
Code, in May of the first even-numbered year after the year in which
the district is authorized to be created at a confirmation
election, an election shall be held in the district for the election
of four directors to replace the initial directors who, under
Section 8805.024(b), serve a term expiring June 1 following that
election.
Sec. 8805.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8805.027-8805.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8805.051. DIRECTORS; TERMS. (a) The district is
governed by a board of nine directors.
(b) Directors serve staggered four-year terms, with four or
five directors' terms expiring June 1 of each even-numbered year.
(c) A director may serve consecutive terms.
Sec. 8805.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) The directors of the district shall be elected
according to the commissioners precinct method as provided by this
section.
(b) One director shall be elected by the voters of the
entire district, and two directors shall be elected from each
county commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), to be eligible to
be a candidate for or to serve as director at large, a person must be
a registered voter in the district. To be a candidate for or to
serve as director from a county commissioners precinct, a person
must be a registered voter of that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) When the boundaries of the county commissioners
precincts are redrawn after each federal decennial census to
reflect population changes, a director in office on the effective
date of the change, or a director elected or appointed before the
effective date of the change whose term of office begins on or after
the effective date of the change, shall serve in the precinct to
which elected or appointed even though the change in boundaries
places the person's residence outside the precinct for which the
person was elected or appointed.
Sec. 8805.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election Code,
in May of each even-numbered year.
Sec. 8805.054. COMPENSATION. (a) Sections 36.060(a), (b),
and (d), Water Code, do not apply to the district.
(b) A director is entitled to receive compensation of not
more than $50 a day for each day the director actually spends
performing the duties of a director. The compensation may not
exceed $3,000 a year.
(c) The board may authorize a director to receive
reimbursement for the director's reasonable expenses incurred
while engaging in activities on behalf of the board.
Sec. 8805.055. BOARD ACTION. A majority vote of a quorum is
required for board action. If there is a tie vote, the proposed
action fails.
[Sections 8805.056–8805.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8805.101. GROUNDWATER WELLS UNDER RAILROAD COMMISSION
JURISDICTION. (a) Except as provided by this section, a
groundwater well drilled or operated within the district under a
permit issued by the Railroad Commission of Texas is under the
exclusive jurisdiction of the railroad commission and is exempt
from regulation by the district.
(b) Groundwater produced in an amount authorized by a
railroad commission permit may be used within or exported from the
district without a permit from the district.
(c) To the extent groundwater is produced in excess of
railroad commission authorization, the holder of the railroad
commission permit:
(1) shall apply to the district for the appropriate
permit for the excess production; and
(2) is subject to the applicable regulatory fees.
(d) The district may impose a production fee or an export
fee on groundwater produced from a well that was drilled to support
mining activities and that is otherwise exempt from regulation by
the district under Subsection (a) if that groundwater is used for
municipal purposes or by a public utility. Any fee imposed under
this subsection may not exceed the fee imposed on other groundwater
producers in the district.
Sec. 8805.102. PROHIBITION ON DISTRICT PURCHASE, SALE,
TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
purchase, sell, transport, or distribute surface water or
groundwater for any purpose.
Sec. 8805.103. PROHIBITION ON DISTRICT USE OF EMINENT
DOMAIN POWERS. The district may not exercise the power of eminent
domain.
Sec. 8805.104. REGIONAL COOPERATION. (a) In this section,
"designated groundwater management area" means an area designated
as a groundwater management area under Section 35.004, Water Code.
(b) To provide for regional continuity, the district shall:
(1) participate as needed in coordination meetings
with other groundwater conservation districts in its designated
groundwater management area;
(2) coordinate the collection of data with other
groundwater conservation districts in its designated groundwater
management area in such a way as to achieve relative uniformity of
data type and quality;
(3) coordinate efforts to monitor water quality with
other groundwater conservation districts in its designated
groundwater management area, local governments, and state
agencies;
(4) provide groundwater level data to other
groundwater conservation districts in its designated groundwater
management area;
(5) investigate any groundwater or aquifer pollution
with the intention of locating its source;
(6) notify other groundwater conservation districts
in its designated groundwater management area and all appropriate
agencies of any groundwater pollution detected;
(7) annually provide to other groundwater
conservation districts in its designated groundwater management
area an inventory of water wells and an estimate of groundwater
production in the district; and
(8) include other groundwater conservation districts
in its designated groundwater management area on the mailing lists
for district newsletters, seminars, public education events, news
articles, and field days.
[Sections 8805.105-8805.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8805.151. LIMITATION ON TAXES. The district may not
levy ad valorem taxes at a rate that exceeds three cents on each
$100 of assessed valuation of taxable property in the district.
Sec. 8805.152. FEES. (a) The board by rule may impose
reasonable fees on each well:
(1) for which a permit is issued by the district; and
(2) that is not exempt from district regulation.
(b) A production fee may be based on:
(1) the size of column pipe used by the well; or
(2) the amount of water actually withdrawn from the
well, or the amount authorized or anticipated to be withdrawn.
(c) The board shall base the initial production fee on the
criteria listed in Subsection (b)(2). The initial production fee:
(1) may not exceed:
(A) $0.25 per acre-foot for water used for
agricultural irrigation; or
(B) $0.0425 per thousand gallons for water used
for any other purpose; and
(2) may be increased at a cumulative rate not to exceed
three percent per year.
(d) In addition to the production fee authorized under this
section, the district may assess an export fee on groundwater from a
well that is produced for transport outside the district.
(e) Fees authorized by this section may be:
(1) assessed annually; and
(2) used to pay the cost of district operations.
Sec. 8805.153. EXEMPTION FROM FEES. (a) Except as provided
by Subsection (b), the district may not assess a fee on a well
drilled by a nonprofit rural water supply corporation, water
district, or other political subdivision if the well's production
is for use within the district.
(b) The district by emergency order of the board may impose
a reasonable and temporary production fee on a well described by
Subsection (a) if:
(1) severe drought or other district emergency makes
the fee necessary; and
(2) the term of the order does not exceed 180 days.
Sec. 8805.154. LIMITATION ON INDEBTEDNESS. The district
may issue bonds and notes under Subchapter F, Chapter 36, Water
Code, except that the total indebtedness created by that issuance
may not exceed $500,000 at any time.
SECTION 4.02. (a) The legal notice of the intention to
introduce this article, setting forth the general substance of this
article, has been published as provided by law, and the notice and a
copy of the substance of this article have been furnished to all
persons, agencies, officials, or entities to which they are
required to be furnished under Section 59, Article XVI, Texas
Constitution, and Chapter 313, Government Code.
(b) The governor has submitted the notice and substance of
this article to the Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to the substance of this article with
the governor, lieutenant governor, and speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this article are
fulfilled and accomplished.
SECTION 4.03. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2005.
ARTICLE 5. EDWARDS AQUIFER AUTHORITY
SECTION 5.01. Section 1.11(f), Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended to read as follows:
(f) The authority may own, finance, design, [contract with a
person who uses water from the aquifer for the authority or that
person to] construct, operate, or [own, finance, and] maintain
recharge [water supply] facilities. [Management fees or special
fees may not be used for purchasing or operating these facilities.]
For the purpose of this subsection, "recharge [water supply]
facility" means [includes] a dam, reservoir, [treatment facility,
transmission facility,] or recharge project that uses another
method of recharge and associated facilities, structures, or works.
SECTION 5.02. Section 1.14, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending
Subsections (a), (c), (f), and (h) to read as follows:
(a) Authorizations to withdraw water from the aquifer and
all authorizations and rights to make a withdrawal under this Act
shall be limited in accordance with this section to:
(1) protect the water quality of the aquifer;
(2) protect the water quality of the surface streams
to which the aquifer provides springflow;
(3) achieve water conservation;
(4) maximize the beneficial use of water available for
withdrawal from the aquifer;
(5) protect surface water rights issued by the state;
(6) protect aquatic and wildlife habitat;
(7) [(6)] protect species that are designated as
threatened or endangered under applicable federal or state law; and
(8) [(7)] provide for instream uses, bays, and
estuaries.
(c) Except as provided by Subsections [(d),] (f)[,] and (h)
of this section [and Section 1.26 of this article, for the period
beginning January 1, 2008], the amount of permitted withdrawals
from the aquifer may not exceed 480,000 [400,000] acre-feet of
water for each calendar year.
(f) If the springflows from [level of] the aquifer are [is]
equal to or greater than 300 cubic feet per second, [650 feet above
mean sea level] as measured from the Comal Springs, and greater than
150 cubic feet per second, as measured from the San Marcos Springs
[at well J-17], the authority may authorize withdrawal from the San
Antonio pool, on an uninterruptible basis, of permitted amounts. If
the springflows from [level of] the aquifer are [is] equal to or
greater than 250 cubic feet per second, as measured from the Comal
Springs, and 140 cubic feet per second, as measured from the San
Marcos Springs [845 feet at well J-27], the authority may authorize
withdrawal from the Uvalde pool, on an uninterruptible basis, of
permitted amounts. In accordance with Section 1.26 of this article,
the [The] authority shall limit the additional withdrawals to
ensure that springflows are not affected during critical drought
conditions.
(h) To accomplish the purposes of this article, [by June 1,
1994,] the authority, through a program, shall implement and
enforce water management practices, procedures, and methods to
ensure that, not later than December 31, 2012, the continuous
minimum springflows of the Comal Springs and the San Marcos Springs
are maintained to protect endangered and threatened species to the
extent required by federal law and other obligations of the
authority provided by Subsection (a) of this section and Section
1.26 of this article. The authority from time to time as
appropriate may revise the practices, procedures, and methods. To
meet this requirement, the authority shall require:
(1) phased reductions in the amount of water that may
be used or withdrawn by existing users or categories of other users;
or
(2) implementation of alternative management
practices, procedures, and methods, including the authority's
critical period management plan established under Section 1.26 of
this article.
SECTION 5.03. Section 1.15(c), Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993, is amended to read as
follows:
(c) The authority may issue regular permits, term permits,
and emergency permits. Regular permits may not be issued on an
interruptible basis, and the total authorized withdrawals
authorized by all regular permits issued by the authority may not
exceed the limitation provided by Section 1.14 of this article.
SECTION 5.04. Section 1.19(b), Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993, is amended to read as
follows:
(b) Withdrawal of water under a term permit must be
consistent with the authority's critical period management plan
established under Section 1.26 of this article [A holder of a term
permit may not withdraw water from the San Antonio pool of the
aquifer unless the level of the aquifer is higher than 665 feet
above sea level, as measured at Well J-17].
SECTION 5.05. Section 1.21, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended to read as follows:
Sec. 1.21. PERMIT REDUCTION [RETIREMENT]. [(a) The
authority shall prepare and implement a plan for reducing, by
January 1, 2008, the maximum annual volume of water authorized to be
withdrawn from the aquifer under regular permits to 400,000
acre-feet a year or the adjusted amount determined under Subsection
(d) of Section 1.14 of this article.
[(b) The plan must be enforceable and must include water
conservation and reuse measures, measures to retire water rights,
and other water management measures designed to achieve the
reduction levels or appropriate management of the resource.
[(c)] If, on or after January 1, 2008, the overall volume of
water authorized to be withdrawn from the aquifer under regular
permits is greater than 480,000 [400,000] acre-feet a year [or
greater than the adjusted amount determined under Subsection (d) of
Section 1.14 of this article], the maximum authorized withdrawal of
each regular permit shall be immediately reduced by an equal
percentage as is necessary to reduce overall maximum demand to
480,000 [400,000] acre-feet a year [or the adjusted amount, as
appropriate]. The amount reduced may be restored, in whole or in
part, as other appropriate measures are implemented that maintain
overall demand at or below the appropriate amount.
SECTION 5.06. Article 1, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by amending Section
1.26 and adding Sections 1.26A and 1.26B to read as follows:
Sec. 1.26. CRITICAL PERIOD MANAGEMENT PLAN. (a) The
authority shall prepare and coordinate implementation of a [plan
for] critical period management plan in a way that protects listed
species and other obligations of the authority, including support
of the state economy, surface water rights issued by this state,
instream flow requirements, and the continued operation of
industries. The authority may alter the plan to provide additional
protection for species and downstream flows but may not reduce the
protections below the minimum requirement specified by this
section, except as provided by Section 1.26A of this article.
(b) The critical period management plan must specify that
conservation measures prescribed by the authority's groundwater
conservation plan are required practices when the spring discharge
rate is less than 350 cubic feet per second from Comal Springs or
less than 200 cubic feet per second from San Marcos Springs.
(c) The critical period management plan must require
compliance with reduced levels of maximum allowable pumping
prescribed by Section 1.26A of this article.
(d) The critical period management plan must specify that a
water withdrawal rate for a specific pumping reduction stage of the
plan may be increased if the controlling spring discharge rate
increases to the minimum spring discharge rate for the next less
severe reduction stage and is equal to or greater than that minimum
spring discharge rate for five consecutive days.
(e) The critical period management plan must specify that
the authority shall initiate more severe pumping reductions to
protect listed species if required to comply with the issuance of a
Section 10(a) permit by the United States Fish and Wildlife Service
under the Endangered Species Act (16 U.S.C. Section 1539(a)) not
later than the 90th day after the date on which the permit was
issued.
(f) The authority shall base pumping reductions for an
Edwards Aquifer permit holder on the 90-day withdrawal budget most
recently filed by the permit holder with the authority. The rate of
withdrawal under a 90-day withdrawal budget is that rate that if
constant would result in the withdrawal of the total budgeted
amount at the end of the budget period.
Sec. 1.26A. PUMPING REDUCTION LEVELS AND STAGES FOR
CRITICAL PERIOD MANAGEMENT. (a) The authority's critical period
management plan must provide for pumping reductions as provided by
this section. For purposes of this section:
(1) the authority shall continuously track the average
daily discharge rate measured over each period of five consecutive
days at Comal Springs and San Marcos Springs to determine whether a
reduction in pumping to the level I, II, or III maximum amount is
required; and
(2) the authority shall track the average daily
discharge rate measured for any five days in a period of 10
consecutive days to determine whether a reduction in pumping to the
level IV or V maximum amount is required.
(b) If the spring discharge rate from the San Marcos Springs
indicates a need to initiate a more severe pumping reduction level,
the authority must use the more severe pumping reduction level
based on the spring discharge rates from the San Marcos Springs.
(c) The authority shall implement the Caution Stage with
level I pumping reductions when the daily average spring discharge
rate from the Comal Springs is less than 300 cubic feet per second
and at least 250 cubic feet per second or when the spring discharge
rate from the San Marcos Springs is less than 150 cubic feet per
second and at least 140 cubic feet per second. For the level I
pumping reductions, the maximum allowable pumping level is:
(1) 95 percent of the budgeted amount of water for each
permit holder in the San Antonio pool; and
(2) 100 percent of the budgeted amount of water for
each permit holder in the Uvalde pool.
(d) The authority shall implement the Alert Stage with level
II pumping reductions when the spring discharge rate from the Comal
Springs is less than 250 cubic feet per second and at least 200
cubic feet per second or when the spring discharge rate from the San
Marcos Springs is less than 140 cubic feet per second and at least
120 cubic feet per second. For the level II pumping reductions, the
maximum allowable pumping level is:
(1) 90 percent of the budgeted amount of water for each
permit holder in the San Antonio pool; and
(2) 95 percent of the budgeted amount of water for each
permit holder in the Uvalde pool.
(e) The authority shall implement the Critical Period Stage
with level III pumping reductions when the spring discharge rate
from the Comal Springs is less than 200 cubic feet per second and at
least 150 cubic feet per second or when the spring discharge rate
from the San Marcos Springs is less than 120 cubic feet per second
and at least 100 cubic feet per second. For the level III pumping
reductions, the maximum allowable pumping level is:
(1) 80 percent of the budgeted amount of water for each
permit holder in the San Antonio pool; and
(2) 90 percent of the budgeted amount of water for each
permit holder in the Uvalde pool.
(f) The authority shall implement the Jeopardy Stage with
level IV pumping reductions when the spring discharge rate from the
Comal Springs is less than 150 cubic feet per second and at least
100 cubic feet per second or when the spring discharge rate from the
San Marcos Springs is less than 100 cubic feet per second and at
least 50 cubic feet per second. For level IV pumping reductions,
the maximum allowable pumping level is:
(1) 70 percent of the budgeted amount of water for each
permit holder in the San Antonio pool; and
(2) 80 percent of the budgeted amount of water for each
permit holder in the Uvalde pool.
(g) The authority shall implement the Emergency Stage with
level V pumping reductions when the spring discharge rate from the
Comal Springs is less than 100 cubic feet per second or when the
spring discharge rate from the San Marcos Springs is less than 50
cubic feet per second. For level V pumping reductions, the maximum
allowable pumping level is:
(1) 60 percent of the budgeted amount of water for each
permit holder in the San Antonio pool; and
(2) 70 percent of the budgeted amount of water for each
permit holder in the Uvalde pool.
Sec. 1.26B. EMERGENCY TASK FORCE. (a) The authority's
presiding officer or chief executive officer shall convene an
emergency task force when the authority implements the Jeopardy
Stage or Emergency Stage of the critical period management plan.
(b) The emergency task force is composed of the presiding
officer or chief executive officer of each of the following
organizations:
(1) the Edwards Aquifer Authority;
(2) the Guadalupe-Blanco River Authority;
(3) the Parks and Wildlife Department;
(4) the San Antonio Water System; and
(5) the Texas Water Development Board.
(c) Each member of the task force has one vote. A majority
vote is required for the task force to take action. If a person
designated to represent an organization does not participate in the
task force, no other person may serve as a substitute. In case of a
tie vote, the authority's representative may break the tie.
(d) The emergency task force may decrease the maximum
allowable pumping levels under Section 1.26A of this article and
may increase those levels by not more than five percent for not more
than 30 days. The emergency task force must specifically justify
the decrease or increase in a public notice published according to
rules of the authority.
(e) The authority shall publish special requirements for a
drought event not later than the 10th day after the date the
emergency task force is convened.
(f) The emergency task force shall conclude task force
operations if, for five or more days in any consecutive 10 days:
(1) the discharge from Comal Springs is greater than
200 cubic feet per second; and
(2) the discharge from San Marcos Springs is greater
than 120 cubic feet per second [on or before September 1, 1995. The
mechanisms must:
[(1) distinguish between discretionary use and
nondiscretionary use;
[(2) require reductions of all discretionary use to
the maximum extent feasible;
[(3) require utility pricing, to the maximum extent
feasible, to limit discretionary use by the customers of water
utilities; and
[(4) require reduction of nondiscretionary use by
permitted or contractual users, to the extent further reductions
are necessary, in the reverse order of the following water use
preferences:
[(A) municipal, domestic, and livestock;
[(B) industrial and crop irrigation;
[(C) residential landscape irrigation;
[(D) recreational and pleasure; and
[(E) other uses that are authorized by law].
SECTION 5.07. Sections 1.29(b) and (i), Section 626, Acts
of the 73rd Legislature, Regular Session, 1993, are amended to read
as follows:
(b) The authority shall assess equitable aquifer management
fees based on aquifer use under the water management plan to finance
its administrative expenses and programs authorized under this
article. Each water district governed by Chapter 36 [52], Water
Code, that is within the authority's boundaries may contract with
the authority to pay expenses of the authority through taxes in lieu
of user fees to be paid by water users in the district. The contract
must provide that the district will pay an amount equal to the
amount that the water users in the district would have paid through
user fees. The authority may not collect a total amount of fees and
taxes that is more than is reasonably necessary for the
administration of the authority.
(i) The authority shall provide money as necessary, but not
to exceed five percent of the money collected under Subsection (b)
[(d)] of this section, to finance the South Central Texas Water
Advisory Committee's administrative expenses and programs
authorized under this article.
SECTION 5.08. Section 1.45(a), Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993, is amended to read as
follows:
(a) The authority may own, finance, design, construct,
[build or] operate, and maintain recharge dams and associated
facilities, structures, or works in the contributing or recharge
area of the aquifer if the recharge is made to increase the yield of
the aquifer and the recharge project does not impair senior water
rights or vested riparian rights.
SECTION 5.09. The following sections of Chapter 626, Acts
of the 73rd Legislature, Regular Session, 1993, are repealed:
(1) Sections 1.14(b) and (d);
(2) Section 1.19(c); and
(3) Sections 1.29(a), (c), (d), and (h).
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2005.