By: Madla S.B. No. 1896
(In the Senate - Filed May 9, 2005; May 9, 2005, read first
time and referred to Committee on Intergovernmental Relations;
May 16, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; May 16, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1896 By: Madla
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Val Verde County Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Val Verde County Groundwater
Conservation District.
SECTION 2. CREATION. A groundwater conservation district,
to be known as the Val Verde County Groundwater Conservation
District, is created in Val Verde County, subject to approval at a
confirmation election under Section 8 of this Act.
SECTION 3. FINDINGS OF BENEFIT. (a) The district is
created to serve a public use and benefit.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 4. CONTINUING PROVISIONS OF DISTRICT. Subtitle H,
Title 6, Special District Local Laws Code, is amended by adding
Chapter 8804 to read as follows:
CHAPTER 8804. VAL VERDE COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8804.001. DEFINITIONS. In this chapter:
(1) "Agricultural use" means any use or activity
involving agriculture, including irrigation.
(2) "Agriculture" means any of the following
activities:
(A) cultivating the soil to produce crops for
human food, animal feed, or planting seed or for the production of
fibers;
(B) the practice of floriculture, viticulture,
silviculture, and horticulture, including the cultivation of
plants in containers of nonsoil media, by a nursery grower;
(C) raising, feeding, or keeping animals, other
than fish, for breeding purposes or for the production of food or
fiber, leather, pelts, or other tangible products having a
commercial value;
(D) planting cover crops, including cover crops
cultivated for transplantation, or leaving land idle for the
purpose of participating in any governmental program or normal crop
or livestock rotation procedure;
(E) wildlife management; and
(F) raising or keeping equine animals.
(3) "Board" means the board of directors of the
district.
(4) "Director" means a member of the board.
(5) "District" means the Val Verde County Groundwater
Conservation District.
(6) "Domestic use" means use in the district of water
by a person owning the well from which the water is withdrawn and by
that person's household for:
(A) drinking, washing, or culinary purposes;
(B) irrigation of lawns;
(C) irrigation of a family garden or orchard the
produce of which is for household consumption only;
(D) swimming pools, decorative ponds, or
fountains on the person's property; and
(E) watering of domestic animals not raised,
maintained, or sold for commercial purposes.
(7) "Political subdivision" means a county,
municipality, or other body politic or corporate of the state,
including a district or authority created under Section 52, Article
III, or Section 59, Article XVI, Texas Constitution, a state
agency, or a nonprofit water supply corporation created under
Chapter 67, Water Code.
Sec. 8804.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Val Verde County created under
Section 59, Article XVI, Texas Constitution.
Sec. 8804.003. DISTRICT PURPOSE. The district is created
to:
(1) provide for the protection, recharging, and
prevention of waste of groundwater in Val Verde County;
(2) control subsidence caused by the withdrawal of
water from the groundwater reservoirs in Val Verde County;
(3) regulate the transport of groundwater out of the
boundaries of the district;
(4) manage the issuance of permits for the transfer of
groundwater by requiring groundwater availability models of permit
applicants; and
(5) protect water quality.
[Sections 8804.004-8804.050 reserved for expansion]
SUBCHAPTER B. TERRITORY
Sec. 8804.051. BOUNDARIES. The boundaries of the district
are coextensive with the boundaries of Val Verde County, Texas.
[Sections 8804.052-8804.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8804.101. BOARD. The board consists of seven
directors.
Sec. 8804.102. 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) Three directors shall be elected by the voters of the
entire district, and one director 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 from
which elected or appointed even if the change in boundaries places
the person's residence outside the precinct from which the person
was elected or appointed.
Sec. 8804.103. 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 November of each even-numbered year.
Sec. 8804.104. TERMS. (a) Directors serve staggered
four-year terms.
(b) A director may serve for consecutive terms.
Sec. 8804.105. COMPENSATION. (a) A director is not
entitled to receive fees of office for performing the duties of a
director.
(b) The board may authorize a director to receive
reimbursement for the director's reasonable expenses incurred
while engaging in activities outside the district on behalf of the
board.
[Sections 8804.106-8804.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8804.151. POWERS AND DUTIES. Except as otherwise
provided by this chapter, the district has all of the rights,
powers, privileges, authority, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution.
Sec. 8804.152. PERMIT TO TRANSFER GROUNDWATER. (a) The
district by rule shall:
(1) require a person to obtain a permit from the
district to transfer groundwater out of the district; and
(2) regulate the terms of a transfer of groundwater
out of the district.
(b) The district shall develop rules under this section that
are consistent with the requirements of Section 36.122, Water Code.
(c) The district shall use a groundwater availability
model, and not historical use, as the basis for issuing permits.
(d) A permit issued under this section, except for a permit
issued under Section 8804.153(a), does not establish historical
use.
(e) In the event of a conflict between the information
provided by the groundwater study conducted under Section 8804.161
and the recommendations submitted under Section 8804.164 regarding
the minimum flow requirements for any spring in the district, the
determination of the Texas Water Development Board study under
Section 8804.161 controls for purposes of development of rules
under this section.
Sec. 8804.153. PERMITS FOR USE SOLELY INSIDE DISTRICT. (a)
The district shall grant the City of Del Rio a permit in the city's
name that authorizes the city to pump from all city wells a stated
cumulative amount of not less than 15,000 acre-feet of water
annually for use solely inside the district. If the study performed
under Section 8804.162 finds that sufficient groundwater is
available, the district shall amend the city's permit to authorize
the city to pump from all city wells a stated cumulative amount of
not less than 20,000 acre-feet of water annually for use solely
inside the district. This subsection does not limit the City of Del
Rio's right to apply for or obtain a permit to transfer groundwater
under Section 8804.152.
(b) The district shall grant to a nonprofit rural water
supply corporation, water district, or other political subdivision
a permit that authorizes the water supply corporation, water
district, or other political subdivision to pump from its wells
annually a volume of water that is not less than the volume equal to
twice its greatest water usage in a calendar year before the date
the district is confirmed at an election held for that purpose, for
use solely inside the district.
Sec. 8804.154. AGRICULTURAL USE PERMIT. (a) Except as
provided by Section 8804.155, the district shall grant any
application for an agricultural use permit for any well that is used
solely for agricultural use inside the district. The district
shall issue an agricultural use permit in an amount that is not less
than five acre-feet of water per acre actually cultivated per year.
An agricultural use permit is nontransferable and expires on the
date the well ceases to be used solely for agricultural use inside
the district.
(b) This section does not limit the well owner's right to
apply for or obtain a permit to transfer groundwater under Section
8804.152.
Sec. 8804.155. LIMITATION ON WELL PERMIT REQUIREMENTS.
(a) The district may not require a person to obtain a permit from
the district for:
(1) a well used solely for domestic use or for
providing water for livestock or poultry on a tract of land smaller
than 10 acres that is either drilled, completed, or equipped so that
it is incapable of producing more than 30,000 gallons of
groundwater a day;
(2) a well used solely for domestic use or for
providing water for livestock or poultry on a tract of land 10 acres
or larger that is either drilled, completed, or equipped so that it
is incapable of producing more than 50,000 gallons of groundwater a
day; or
(3) any well in use before the date the district is
confirmed at an election held for that purpose and used solely for
agricultural use.
(b) The district shall require a permit for a well described
by Subsection (a)(3) that ceases to be used solely for agricultural
use. The district also may impose a fee on the well as provided by
Section 8804.202(c)(1)(A).
(c) An owner of a well described by this section shall
register the well with the district.
(d) A well owner is entitled to a permit exemption under
this section only if water from the well is used solely inside the
district. If water from a well is not used solely inside the
district, the well owner must obtain a permit.
Sec. 8804.156. REPLACEMENT WELL. (a) A new well that
replaces an abandoned or decommissioned well is subject to the same
permit requirements or exemption as the well it replaces if the
replacement well:
(1) is used solely for the same purposes as the well it
replaces; and
(2) serves the same area as the well it replaces.
(b) The district may not require a person who repairs or
modifies a well to obtain a permit for that well if the well:
(1) is exempt under Section 8804.155; and
(2) continues to be used solely for agricultural use.
Sec. 8804.157. 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. 8804.158. PROHIBITION ON DISTRICT USE OF EMINENT
DOMAIN. The district may not exercise the power of eminent domain.
Sec. 8804.159. REGIONAL COOPERATION. To provide for
regional continuity, the district shall:
(1) participate as needed in coordination meetings
with other groundwater conservation districts in its designated
management area;
(2) coordinate the collection of data with other
groundwater conservation districts in its designated 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
management area, local governments, and state agencies;
(4) provide groundwater level data to other
groundwater conservation districts in its designated 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 management area and all appropriate agencies of
any groundwater pollution detected; and
(7) include other groundwater conservation districts
in its designated management area on the mailing lists for district
newsletters, seminars, public education events, news articles, and
field days.
Sec. 8804.160. WATER CONSERVATION INITIATIVE. The district
may create a water conservation initiative as described by Section
11.32, Tax Code.
Sec. 8804.161. TEXAS WATER DEVELOPMENT BOARD STUDY. At
least once every 10 years and at any other time the board considers
necessary to implement Section 8804.152, the staff of the Texas
Water Development Board shall make a complete study of the
groundwater in the district and determine:
(1) the water level;
(2) the rates and amounts of groundwater withdrawal;
(3) the rates and amounts by which the groundwater is
recharged;
(4) rainwater levels; and
(5) other information relating to the groundwater
availability of the aquifer.
Sec. 8804.162. LOCAL STUDY OF GROUNDWATER AVAILABILITY.
(a) Except as provided by Subsection (b), not later than the 10th
anniversary of the date on which the district is confirmed, the
district shall complete a study to determine whether there is
sufficient groundwater to amend the permit granted under Section
8804.153(a) to the City of Del Rio as authorized by Section
8804.153(a).
(b) In place of the district's study, the City of Del Rio may
perform a study of the groundwater availability in the district and
the board shall rely on the city's study if the city's study meets
the criteria of the Texas Water Development Board study required by
Section 8804.161 and the Texas Water Development Board study has
not been completed or is otherwise unavailable.
Sec. 8804.163. MORATORIUM ON TRANSFER PERMITS. (a) Except
as provided by Subsection (d), the district shall impose a
moratorium on the issuance of permits for the transfer of
groundwater during each period set aside to conduct and consider a
groundwater study under Section 8804.161.
(b) Except for the initial study, the district by rule shall
specify the length of the period set aside to conduct and consider
groundwater studies under Section 8804.161.
(c) The district may not issue a permit for the transfer of
groundwater until:
(1) an initial groundwater study under Section
8804.161 is completed and submitted to the district; and
(2) the spring flow and groundwater availability
advisory panel makes a determination under Section 8804.164 of the:
(A) flow of each spring in the district; and
(B) groundwater availability in the district.
(d) The board by emergency order may issue a permit during a
moratorium on the affirmative vote of at least five directors.
Sec. 8804.164. SPRING FLOW AND GROUNDWATER AVAILABILITY
ADVISORY PANEL. (a) Not later than the 90th day after the date on
which the first permanent directors are elected, the board shall
appoint a spring flow and groundwater availability advisory panel
to determine the minimum spring flow of each spring and the
groundwater availability in the district and recommend to the board
the maximum groundwater withdrawal rate that should be permitted by
the district to achieve or maintain at least those minimum flows and
that groundwater availability.
(b) The advisory panel shall be composed of the following
members:
(1) two members who represent the City of Del Rio;
(2) two members who represent agricultural interests
and each own a minimum of 5,000 acres of land in the district;
(3) two members who represent the interests of and are
riparian landowners in the district;
(4) one member who represents rural water suppliers;
(5) one member who represents environmental
interests; and
(6) one member who represents a water marketing group,
or, if the board is unable to locate a person to represent water
marketing, a member appointed by the board.
(c) The advisory panel shall develop and submit to the board
recommendations for limitations on groundwater withdrawal rates
consistent with maintaining minimum spring flows and groundwater
availability. In developing the recommendations, the panel shall
consider:
(1) the results of the Texas Water Development Board
study required by Section 8804.161 and the findings of any other
study presented to the panel;
(2) the best available science;
(3) the water level;
(4) the rate and amount of groundwater withdrawal;
(5) the rate and amount of groundwater recharge;
(6) underflow from outside the district;
(7) information related to the availability of
groundwater in the district for withdrawal;
(8) spring discharge rates as a function of
groundwater withdrawal rates;
(9) historical data;
(10) drought period management; and
(11) other factors required to be considered by the
board.
(d) The district shall provide the advisory panel with:
(1) any information the district has that is relevant
to the work and purpose of the panel; and
(2) any support necessary to determine spring flows
and groundwater availability in the district.
(e) The board shall review the recommendations submitted by
the advisory panel under Subsection (c) and shall consider them in
conjunction with other factors, including the present and future
needs for water related to water supply planning in Val Verde
County.
(f) The board may accept or reject the advisory panel's
recommendations, but the board may not change the determination of
the panel regarding the limitations on groundwater withdrawal rates
necessary to achieve or maintain at least the minimum spring flows
and groundwater availability.
[Sections 8804.165-8804.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8804.201. LIMITATION ON TAXES. (a) The district may
not levy ad valorem taxes at a rate that exceeds five cents on each
$100 of assessed valuation of taxable property in the district.
(b) The district may not levy ad valorem taxes at a rate that
exceeds 2-1/2 cents on each $100 of assessed valuation of taxable
property in the district for the first two tax years after the
district's confirmation.
(c) Not later than the seventh anniversary of the date on
which the district is confirmed, the district shall maintain in
reserve at all times not less than six months and not more than two
years of operating capital. If the district's reserve operating
capital at any time exceeds the amount needed to operate the
district for two years, the district must:
(1) reduce taxes so as not to collect more revenue than
is needed to operate the district; or
(2) perform a recharge project with the excess
revenue.
Sec. 8804.202. 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 or monthly; and
(2) used to pay the cost of district operations.
Sec. 8804.203. EXEMPTION FROM FEES. (a) Except as
provided by Subsection (b), the district may not impose 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) at least five of the directors approve the
emergency order;
(2) severe drought or another district emergency makes
the fee necessary; and
(3) the term of the order does not exceed 180 days.
SECTION 5. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 45th day after the effective date of this Act:
(1) the Val Verde County Commissioners Court shall
appoint one temporary director from each of the four commissioners
precincts in the county to represent the precinct in which the
temporary director resides;
(2) the county judge of Val Verde County shall appoint
one temporary director who resides in the district to represent the
district at large; and
(3) the Del Rio City Council shall appoint two
temporary directors, each of whom resides in the district, to
represent the district at large.
(b) Of the temporary directors appointed under Subdivisions
(1) and (2), Subsection (a) of this section, at least one director
must represent rural water suppliers in the district, one must
represent agricultural interests in the district, one must
represent industrial interests in the district, and one must
represent municipal water suppliers.
(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 earliest of the
date:
(1) temporary directors become initial directors as
provided by Section 9 of this Act;
(2) the confirmation election under Section 8 of this
Act fails to pass; or
(3) this Act expires under Section 13 of this Act.
SECTION 6. LIMITED POWERS AND DUTIES OF TEMPORARY BOARD OF
DIRECTORS. (a) The temporary board may only:
(1) hold an election under Section 8 of this Act;
(2) manage the day-to-day governance of the district;
(3) make administrative and nondiscretionary
decisions; and
(4) establish temporary fees under Section 36.206,
Water Code.
(b) The temporary board does not have rulemaking or
permitting authority.
(c) Any procedures, fees, or policies established by the
temporary board are subject to ratification by the permanent
directors elected under Section 10 of this Act.
SECTION 7. 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 no location can be agreed upon, the
organizational meeting shall be at the Val Verde County Courthouse.
SECTION 8. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district.
(b) Subsection (a), Section 41.001, 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 Subsections (b) through
(i), Section 36.017, Water Code, and the Election Code.
(d) The district may hold a subsequent confirmation
election if the previous confirmation election fails to pass. A
subsequent confirmation election may not be held sooner than one
year after the date of the previous confirmation election.
(e) The confirmation election ballot shall be printed to
permit voting for or against the proposition: "To create the Val
Verde County Groundwater Conservation District and to authorize the
district to impose an ad valorem tax at a rate not to exceed 2.5
cents for each $100 valuation of all taxable property in the
district for the first two tax years after the district's
confirmation and at a rate not to exceed 5 cents for each $100
valuation of all taxable property in the district after the second
tax year."
(f) If a majority of the voters voting at a confirmation
election under this section do not vote in favor of the ballot
proposition, the proposition fails and the temporary board is
dissolved. The authorities that appointed the temporary board may
agree to establish a new temporary board in the manner provided by
Section 5 of this Act. A person who served on the original or a
subsequent temporary board is eligible to serve on another
temporary board. Each temporary board has the duties and powers
provided by this section and Sections 6 and 7 of this Act.
(g) If the establishment of the district is not confirmed at
an election held under this section before September 1, 2010, the
district is dissolved, except that:
(1) any debts incurred shall be paid;
(2) any assets that remain after the payment of debts
shall be transferred to Val Verde County; and
(3) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred.
SECTION 9. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8 of this
Act, 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 10 of this Act.
(b) The initial directors have the powers and duties of the
temporary directors under Subdivisions (2), (3), and (4),
Subsection (a), and Subsections (b) and (c), Section 6 of this Act,
and shall hold an election for permanent directors under Section 10
of this Act.
SECTION 10. ELECTION OF PERMANENT DIRECTORS. (a) The
initial directors serve until the first regularly scheduled
election of directors under Subsection (b) of this section.
(b) On the uniform election date prescribed by Section
41.001, Election Code, in November 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 seven directors. The elected directors shall
draw lots to determine which three directors shall serve terms
lasting until the first regularly scheduled election under Section
8804.103, Special District Local Laws Code, as added by this Act,
and which four shall serve until the second regularly scheduled
directors election.
SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published
as provided by law, and the notice and a copy of this Act 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 Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the 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 Act are fulfilled
and accomplished.
SECTION 12. STUDY COMPLETION. Not later than the last day
of the 18th month after the month in which the district is confirmed
at an election held for that purpose, the Texas Water Development
Board shall complete the initial study required by Section
8804.161, Special District Local Laws Code, as added by this Act,
and deliver the findings of the study to the board.
SECTION 13. EXPIRATION. (a) If the creation of the
district is not confirmed at a confirmation election held under
Section 8 of this Act before September 1, 2010, this Act expires on
that date.
(b) The expiration of this Act does not affect the liability
of the district to pay any debt incurred or the transfer of any
assets remaining to Val Verde County as required by Subsection (g),
Section 8 of this Act.
SECTION 14. EFFECTIVE DATE. This Act takes effect
immediately if it 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 Act takes effect September 1, 2005.
* * * * *