BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1283

                                                                                                                                         By: Gallego

                                                                                                                               Natural Resources

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The Culberson County Groundwater Conservation District believes legislation is necessary to cover the aquifers that are unique to Culberson County.  They include The Capitan Reef, Rustler, a portion of the Edwards Trinity in the Southwestern portion of the county, and a large amount of the West Texas Bolsons.  In keeping the boundaries as they now exist, a large portion of the Capitan Reef, the entire Rustler and the portion of the Edwards Trinity are not included.  The district believes this is a potential problem in groundwater management.  This hinders any current efforts to protect historic users and keep a sustainable approach to maintain the aquifers.  Any property that is not the district is subject to rule of capture.  H.B. 1283 extends the boundaries of the district to include all of the remaining territory in Culberson County.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.   Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, is amended by adding Section 3A which holds that in addition to the portions of Culberson County included in the boundaries of the district on August 31, 2007, the boundaries of the district include all remaining territory in Culberson County.

 

SECTION 2.   (a) This section holds that the new territory added to the district by this Act is                               subject to ratification at an election held under Section 36.328, Water Code, and                           this section.

 

                         (b) The board of directors of the Culberson County Groundwater Conservation                            District shall hold the ratification election on the first uniform election date that                             occurs after the effective date of this Act that allows for compliance with the time                                requirements of the Election Code.

 

                         (c) If the majority of the vote is in favor of the annexation, the Culberson County                                     Groundwater Conservation District boundaries will include all of Culberson                                   County territories.

 

                         (d) If the majority of the vote is not in favor of the annexation, the Culberson                               County Groundwater Conservation District boundaries will remain unchanged                               and this Act expires.

 

EFFECTIVE DATE

 

September 1, 2007