� |
� |
� |
�
|
AN ACT
|
�
|
relating to the development, management, and preservation of the |
�
|
water resources of the state; 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.��Subsection (j), Section 5.701, 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), (18), and (19) to read as |
�
|
follows: |
�
|
�������������(15)��"Environmental flow analysis" means the |
�
|
application of a scientifically derived process for predicting the |
�
|
response of an ecosystem to changes in instream flows or freshwater |
�
|
inflows. |
�
|
�������������(16)��"Environmental flow regime" means a schedule of |
�
|
flow quantities that reflects 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 and to maintain the productivity, extent, |
�
|
and persistence of key aquatic habitats in and along the affected |
�
|
water bodies. |
�
|
�������������(17)��"Environmental flow standards" means those |
�
|
requirements adopted by the commission under Section 11.1471. |
�
|
�������������(18)��"Advisory group" means the environmental flows |
�
|
advisory group. |
�
|
�������������(19)��"Science advisory committee" means the Texas |
�
|
environmental flows science advisory committee. |
�
|
�������SECTION�1.05.��Subsection (a), Section 11.023, 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 downstream |
�
|
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 (b), (c), and (e) and adding Subsections (d-1) |
�
|
through (d-6) and (f) 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 voluntary water and land stewardship to benefit the |
�
|
water in the state, as defined by Section 26.001. |
�
|
�������(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 for water to be applied to essential |
�
|
beneficial uses during emergencies. |
�
|
�������(d-1)��The legislature has determined that existing water |
�
|
rights that are amended to authorize use for environmental purposes |
�
|
should be enforced in a manner consistent with the enforcement of |
�
|
water rights for other purposes as provided by the laws of this |
�
|
state governing the appropriation of state water. |
�
|
�������(d-2)��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-3)��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 market |
�
|
approaches, both public and private, for filling the gap must be |
�
|
explored and pursued. |
�
|
�������(d-4)��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-5)��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-6)��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.��Subchapter B, Chapter 11, Water Code, is |
�
|
amended by adding Sections 11.0236, 11.02361, 11.02362, and 11.0237 |
�
|
to read as follows: |
�
|
�������Sec.�11.0236.��ENVIRONMENTAL FLOWS ADVISORY GROUP. �(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 |
�
|
environmental flows advisory group. |
�
|
�������(b)��The advisory group is composed of nine members as |
�
|
follows: |
�
|
�������������(1)��three members appointed by the governor; |
�
|
�������������(2)��three members of the senate appointed by the |
�
|
lieutenant governor; and |
�
|
�������������(3)��three members of the house of representatives |
�
|
appointed by the speaker of the house of representatives. |
�
|
�������(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. |
�
|
�������(d)��Each member of the advisory group serves at the will of |
�
|
the person who appointed the member. |
�
|
�������(e)��The appointed senator with the most seniority and the |
�
|
appointed house member with the most seniority serve together as |
�
|
co-presiding officers of the advisory group. |
�
|
�������(f)��A member of the advisory group is not entitled to |
�
|
receive compensation for service on the advisory group but is |
�
|
entitled to reimbursement of the travel expenses incurred by the |
�
|
member while conducting the business of the advisory group, as |
�
|
provided by the General Appropriations Act. |
�
|
�������(g)��The advisory group may accept gifts and grants from any |
�
|
source to be used to carry out a function of the advisory group. |
�
|
�������(h)��The commission shall provide staff support for the |
�
|
advisory group. |
�
|
�������(i)��The advisory group 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 advisory group |
�
|
determines have importance and relevance to the protection of |
�
|
environmental flows. In evaluating the options for providing |
�
|
adequate environmental flows, the advisory group 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, and bay and estuary systems and are high priorities in the |
�
|
water management process. The advisory group shall specifically |
�
|
address: |
�
|
�������������(1)��ways that the ecological soundness of those |
�
|
systems will be ensured in the water rights administration and |
�
|
enforcement and water�allocation processes; and |
�
|
�������������(2)��appropriate methods to encourage persons |
�
|
voluntarily to convert reasonable amounts of existing water rights |
�
|
to use for environmental flow protection temporarily or |
�
|
permanently. |
�
|
�������(j)��The advisory group may 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. |
�
|
�������(k)��Chapter 2110, Government Code, does not apply to the |
�
|
size, composition, or duration of the advisory group. |
�
|
�������(l)��Not later than December 1, 2008, and every two years |
�
|
thereafter, the advisory group shall issue and promptly deliver to |
�
|
the governor, lieutenant governor, and speaker of the house of |
�
|
representatives copies of a report summarizing: |
�
|
�������������(1)��any hearings conducted by the advisory group; |
�
|
�������������(2)��any studies conducted by the advisory group; |
�
|
�������������(3)��any legislation proposed by the advisory group; |
�
|
�������������(4)��progress made in implementing Sections 11.02361 |
�
|
and 11.02362; and |
�
|
�������������(5)��any other findings and recommendations of the |
�
|
advisory group. |
�
|
�������(m)��The advisory group is abolished on the date that the |
�
|
commission has adopted environmental flow standards under Section |
�
|
11.1471 for all of the river basin and bay systems in this state. |
�
|
�������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 advisory group. |
�
|
�������(b)��The advisory group shall appoint to the science advisory |
�
|
committee persons who will provide an objective 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 |
�
|
five-year terms expiring March 1. A vacancy on the science advisory |
�
|
committee is filled by appointment by the co-presiding officers of |
�
|
the advisory group 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 objective scientific body to advise |
�
|
and make recommendations to the advisory group on issues relating |
�
|
to the science of environmental flow protection; and |
�
|
�������������(2)��develop recommendations to 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 advisory group 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 |
�
|
advisory group, at intervals determined by the advisory group, 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. |
�
|
�������(g)��The science advisory committee is abolished on the date |
�
|
the advisory group is abolished under Section 11.0236(m). |
�
|
�������Sec.�11.02362.��DEVELOPMENT OF ENVIRONMENTAL FLOW REGIME |
�
|
RECOMMENDATIONS. �(a)��For the purposes of this section, the |
�
|
advisory group, not later than November 1, 2007, shall define the |
�
|
geographical extent of each river basin and bay system in this state |
�
|
for the sole purpose of developing environmental flow regime |
�
|
recommendations under this section and adoption of environmental |
�
|
flow standards under Section 11.1471. |
�
|
�������(b)��The advisory group 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, Mission, and Aransas Rivers and Mission, 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 advisory group shall appoint the basin and bay |
�
|
area stakeholders committee not later than November 1, 2007; |
�
|
�������������(2)��the basin and bay area stakeholders committee |
�
|
shall establish a basin and bay expert science team not later than |
�
|
March 1, 2008; |
�
|
�������������(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 advisory |
�
|
group, and the commission not later than March 1, 2009, except that |
�
|
at the request of the basin and bay area stakeholders committee for |
�
|
good cause shown, the advisory group may extend the deadline |
�
|
provided by this subdivision; |
�
|
�������������(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, 2009; and |
�
|
�������������(5)��the commission shall adopt the environmental flow |
�
|
standards as provided by Section 11.1471 not later than September |
�
|
1, 2010. |
�
|
�������(d)��The advisory group 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, 2008, 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, 2009. The advisory group shall establish a |
�
|
schedule for the performance of the tasks listed in Subsections |
�
|
(c)(2) through (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 advisory |
�
|
group with regard to the schedule applicable to that river basin and |
�
|
bay system. The advisory group 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 or a river basin that |
�
|
does not have an associated bay system in this state not listed in |
�
|
Subsection (b), the advisory group shall establish a schedule for |
�
|
the development of environmental flow regime recommendations and |
�
|
the adoption of environmental flow standards. The advisory group |
�
|
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 advisory group 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 |
�
|
advisory group 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 advisory group 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 |
�
|
membership of each committee must: |
�
|
�������������(1)��reflect a fair and equitable balance of interest |
�
|
groups concerned with the particular river basin and bay system for |
�
|
which the committee is established;�and |
�
|
�������������(2)��be representative of appropriate stakeholders, |
�
|
including the following if they have a presence in the particular |
�
|
river basin and bay system for which the committee is established: |
�
|
�������������������(A)��agricultural water users, including |
�
|
representatives of each of the following sectors: |
�
|
�������������������������(i)��agricultural irrigation; |
�
|
�������������������������(ii)��free-range livestock; and |
�
|
�������������������������(iii)��concentrated animal feeding |
�
|
operation; |
�
|
�������������������(B)��recreational water users, including coastal |
�
|
recreational anglers and businesses supporting water recreation; |
�
|
�������������������(C)��municipalities; |
�
|
�������������������(D)��soil and water conservation districts; |
�
|
�������������������(E)��industrial water users, including |
�
|
representatives of each of the following sectors: |
�
|
�������������������������(i)��refining; |
�
|
�������������������������(ii)��chemical manufacturing; |
�
|
�������������������������(iii)��electricity generation; and |
�
|
�������������������������(iv)��production of paper products or |
�
|
timber; |
�
|
�������������������(F)��commercial fishermen; |
�
|
�������������������(G)��public interest groups; |
�
|
�������������������(H)��regional water planning groups; |
�
|
�������������������(I)��groundwater conservation districts; |
�
|
�������������������(J)��river authorities and other conservation and |
�
|
reclamation districts with jurisdiction over surface water; and |
�
|
�������������������(K)��environmental interests. |
�
|
�������(g)��Members of a basin and bay area stakeholders committee |
�
|
serve five-year terms expiring March 1. 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. �A person may serve as a member of more than one basin and |
�
|
bay expert science team at the same time. |
�
|
�������(j)��The members of a basin and bay expert science team serve |
�
|
five-year terms expiring April 1. 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 |
�
|
environmental flow analyses and 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 the analyses and recommendations, the |
�
|
science team must consider all reasonably 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. �For the Rio Grande below Fort Quitman, any uses |
�
|
attributable to Mexican water flows must be excluded from |
�
|
environmental flow regime recommendations. |
�
|
�������(n)��Each basin and bay expert science team shall submit its |
�
|
environmental flow analyses and environmental flow regime |
�
|
recommendations to the pertinent basin and bay area stakeholders |
�
|
committee, the advisory group, 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 advisory group may not change the environmental |
�
|
flow analyses or 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 analyses and 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. For�the Rio Grande, the basin and bay area |
�
|
stakeholders committee shall also consider the water accounting |
�
|
requirements for any international water sharing treaty, minutes, |
�
|
and agreement applicable to the Rio Grande and the effects on |
�
|
allocation of water by the Rio Grande watermaster in the middle and |
�
|
lower Rio Grande. �The Rio Grande basin and bay expert science team |
�
|
may not recommend any environmental flow regime that would result |
�
|
in a violation of a treaty or court decision. �The basin and bay area |
�
|
stakeholders committee shall develop recommendations regarding |
�
|
environmental flow standards and strategies to meet the |
�
|
environmental flow standards and submit those recommendations to |
�
|
the commission and to the advisory group 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 flow standards and strategies to meet the |
�
|
environmental flow standards 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 advisory group a work plan. �The work plan must: |
�
|
�������������(1)��establish a periodic review of the basin and bay |
�
|
environmental flow analyses and 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 analyses and |
�
|
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 advisory |
�
|
group, with input from the science advisory committee, shall review |
�
|
the environmental flow analyses and environmental flow regime |
�
|
recommendations submitted by each basin and bay expert science |
�
|
team. If appropriate, the advisory group shall submit comments on |
�
|
the analyses and 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 analyses and recommendations. |
�
|
�������(r)��Notwithstanding the other provisions of this section, |
�
|
in the event the commission, by permit or order, has established an |
�
|
estuary advisory council with specific duties related to |
�
|
implementation of permit conditions for environmental flows, that |
�
|
council may continue in full force and effect and shall act as and |
�
|
perform the duties of the basin and bay area stakeholders committee |
�
|
under this section. The estuary advisory council shall add members |
�
|
from stakeholder groups and from appropriate science and technical |
�
|
groups, if necessary, to fully meet the criteria for membership |
�
|
established in Subsection (f) and shall operate under the |
�
|
provisions of this section. |
�
|
�������(s)��Each basin and bay area stakeholders committee and basin |
�
|
and bay expert science team is abolished on the date the advisory |
�
|
group is abolished under Section 11.0236(m). |
�
|
�������Sec.�11.0237.��WATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO |
�
|
ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS. �(a)��The |
�
|
commission may not issue a new permit for instream flows dedicated |
�
|
to environmental needs or bay and estuary inflows. �The commission |
�
|
may approve an application to amend 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) or (c),�11.046(b), |
�
|
11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471, 11.1491, |
�
|
11.150, 11.152,�16.058, or 16.059. |
�
|
�������SECTION�1.08.��Subsection (b), Section 11.082, 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�1.09.��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; |
�
|
�������������(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; and |
�
|
�������������(3)��the right to file suit in a civil court to prevent |
�
|
the unlawful use of a set-aside established under Section 11.1471. |
�
|
�������SECTION�1.10.��Subsection (a), Section 11.0842, 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�1.11.��Subsection (a), Section 11.0843, 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�1.12.��Subsection (b), Section 11.134, 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�1.13.��Section 11.147, Water Code, is amended by |
�
|
amending Subsections (b), (d), and (e) and adding Subsections |
�
|
(e-1), (e-2), and (e-3) 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 beneficial 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[, 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; and |
�
|
�������������(2)��any water quality assessment performed under |
�
|
Section 11.150. |
�
|
�������(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 |
�
|
any assessment performed under Section 11.152. |
�
|
�������(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 the conditions included |
�
|
in the permit or amended water right to provide for protection of |
�
|
instream flows or freshwater inflows. With respect to an amended |
�
|
water right, the provision may not allow the commission to adjust a |
�
|
condition of the amendment other than a condition that applies only |
�
|
to the increase in the amount of water to be stored, taken, or |
�
|
diverted authorized by the amendment. �This subsection does not |
�
|
affect an appropriation of or an authorization to store, take, or |
�
|
divert water under a permit or amendment to a water right issued |
�
|
before September 1, 2007. �The commission shall adjust the |
�
|
conditions if the commission determines, through an expedited |
�
|
public comment process, that such an adjustment is appropriate to |
�
|
achieve compliance with applicable environmental flow standards |
�
|
adopted under Section 11.1471. The adjustment: |
�
|
�������������(1)��in combination with any previous adjustments made |
�
|
under this subsection 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 of that requirement contained in the amended water right |
�
|
and applicable only to the increase in the amount of water |
�
|
authorized to be stored, taken, or diverted under the amended water |
�
|
right; |
�
|
�������������(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; and |
�
|
�������������(3)��must be based on appropriate consideration of any |
�
|
voluntary contributions to the Texas Water Trust, and of any |
�
|
voluntary amendments to existing water rights to change the use of a |
�
|
specified quantity of water to or add a use of a specified quantity |
�
|
of water for instream flows dedicated to environmental needs or bay |
�
|
and estuary inflows as authorized by Section 11.0237(a), that |
�
|
actually contribute toward meeting the applicable environmental |
�
|
flow standards. |
�
|
�������(e-2) Any water right holder who makes a contribution or |
�
|
amends a water right as described by Subsection (e-1)(3) is |
�
|
entitled to appropriate credit for the benefits of the contribution |
�
|
or amendment against the adjustment of the holder's water right |
�
|
under Subsection (e-1). |
�
|
�������(e-3)��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�1.14.��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 that are adequate |
�
|
to support a sound ecological environment, to the maximum extent |
�
|
reasonable considering other public interests and other relevant |
�
|
factors; |
�
|
�������������(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; and |
�
|
�������������(3)��establish procedures for implementing an |
�
|
adjustment of the conditions included in a permit or an amended |
�
|
water right as provided by Sections 11.147(e-1) and (e-2). |
�
|
�������(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 advisory group under |
�
|
Section 11.02362(a) and the definition and designation of the river |
�
|
basin by the board under Section 16.051(c); |
�
|
�������������(2)��the schedule established by the advisory group |
�
|
under Section 11.02362(d) or (e) for the adoption of environmental |
�
|
flow standards for the river basin and bay system, if applicable; |
�
|
�������������(3)��the environmental flow analyses and the |
�
|
recommended environmental flow regime developed by the applicable |
�
|
basin and bay expert science team under Section 11.02362(m); |
�
|
�������������(4)��the recommendations developed by the applicable |
�
|
basin and bay area stakeholders committee under Section 11.02362(o) |
�
|
regarding environmental flow standards and strategies to meet the |
�
|
flow standards; |
�
|
�������������(5)��any comments submitted by the advisory group to |
�
|
the commission under Section 11.02362(q); |
�
|
�������������(6)��the specific characteristics of the river basin |
�
|
and bay system; |
�
|
�������������(7)��economic factors; |
�
|
�������������(8)��the human and other competing water needs in the |
�
|
river basin and bay system; |
�
|
�������������(9)��all reasonably available scientific information, |
�
|
including any scientific information provided by the science |
�
|
advisory committee; and |
�
|
�������������(10)��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 river basin and bay system. |
�
|
�������(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) for a river basin and bay system other than the |
�
|
middle and lower Rio Grande 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 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 accordance with a |
�
|
schedule established by the commission. �In establishing a |
�
|
schedule, the commission shall consider the applicable work plan |
�
|
approved by the advisory group under Section 11.02362(p). �The |
�
|
commission's schedule may not provide for the rulemaking process to |
�
|
occur more frequently than once every 10 years unless the work plan |
�
|
provides for a periodic review under Section 11.02362(p) to occur |
�
|
more frequently than once every 10 years. �In that event, the |
�
|
commission may provide for the rulemaking process to be undertaken |
�
|
in conjunction with the periodic review if the commission |
�
|
determines that schedule to be appropriate. �A rulemaking process |
�
|
undertaken under this subsection must provide for the participation |
�
|
of stakeholders having interests in the particular river basin and |
�
|
bay system for which the process is undertaken. |
�
|
�������SECTION�1.15.��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�1.16.��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�1.17.��Subsection (a), Section 11.1491, 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 advisory |
�
|
group, the science advisory committee, and any applicable basin and |
�
|
bay area stakeholders committee and basin and bay expert science |
�
|
team. |
�
|
�������SECTION�1.18.��Subsection (g), Section 11.329, 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�1.19.��Subsection (e), Section 11.404, 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�1.20.��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�1.21.��Sections 11.454 and 11.455, Water Code, are |
�
|
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]. |
�
|
�������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�1.22.��Subchapter F, Chapter 15, Water Code, is |
�
|
amended by adding Section 15.4063 to read as follows: |
�
|
�������Sec.�15.4063.��ENVIRONMENTAL FLOWS FUNDING. The board may |
�
|
authorize the use of money in the research and planning fund: |
�
|
�������������(1)��to compensate the members of the Texas |
�
|
environmental flows science advisory committee established under |
�
|
Section 11.02361 for attendance and participation at meetings of |
�
|
the committee and for transportation, meals, lodging, or other |
�
|
travel expenses associated with attendance at those meetings as |
�
|
provided by the General Appropriations Act; |
�
|
�������������(2)��for contracts with cooperating state and federal |
�
|
agencies and universities and with private entities as necessary to |
�
|
provide technical assistance to enable the Texas environmental |
�
|
flows science advisory committee and the basin and bay expert |
�
|
science teams established under Section 11.02362 to perform their |
�
|
statutory duties; |
�
|
�������������(3)��to compensate the members of the basin and bay |
�
|
expert science teams established under Section 11.02362 for |
�
|
attendance and participation at meetings of the basin and bay |
�
|
expert science teams and for transportation, meals, lodging, or |
�
|
other travel expenses associated with attendance at those meetings |
�
|
as provided by the General Appropriations Act; and |
�
|
�������������(4)��for contracts with political subdivisions |
�
|
designated as representatives of basin and bay area stakeholders |
�
|
committees established under Section 11.02362 to fund all or part |
�
|
of the administrative expenses incurred in conducting meetings of |
�
|
the basin and bay area stakeholders committees or the pertinent |
�
|
basin and bay expert science teams. |
�
|
�������SECTION�1.23.��Subsection (d), Section 16.059, Water Code, |
�
|
is amended to read as follows: |
�
|
�������(d)��The priority studies shall be completed not later than |
�
|
December 31, 2016 [2010]. The Parks and Wildlife Department, the |
�
|
commission, and the board shall establish a work plan that |
�
|
prioritizes the studies and that sets interim deadlines providing |
�
|
for publication of flow determinations for individual rivers and |
�
|
streams on a reasonably consistent basis throughout the prescribed |
�
|
study period. Before publication, completed studies shall be |
�
|
submitted for comment to the commission, the board, and the Parks |
�
|
and Wildlife Department. |
�
|
�������SECTION�1.24.��Subsection (h), Section 26.0135, 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�1.25.��Subsection (b), Section 11.1491, Water Code, |
�
|
is repealed. |
�
|
�������SECTION�1.26.��(a)��The governor, lieutenant governor, and |
�
|
speaker of the house of representatives shall appoint the initial |
�
|
members of the environmental flows advisory group as provided by |
�
|
Section 11.0236, Water Code, as added by this article, as soon as |
�
|
practicable on or after the effective date of this Act. |
�
|
�������(b)��As soon as practicable after taking office, the initial |
�
|
members of the environmental flows advisory group 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. The terms of the initial members of the committee |
�
|
expire March 1, 2012. |
�
|
�������(c)��The environmental flows advisory group 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. |
�
|
The terms of the initial members of each committee expire March 1 of |
�
|
the fifth year that begins after the year in which the initial |
�
|
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. |
�
|
The terms of the initial members of each team expire April 1 of the |
�
|
fifth year that begins after the year in which the initial |
�
|
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 each committee expire August 31 of the first |
�
|
odd-numbered year that begins after the year in which the initial |
�
|
appointments are made. |
�
|
�������SECTION�1.27.��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 only to: |
�
|
�������������(1)��water appropriated under a permit for a new |
�
|
appropriation of water the application for which is pending with |
�
|
the Texas Commission on Environmental Quality on the effective date |
�
|
of this Act or is filed with the commission on or after that date; or |
�
|
�������������(2)��the increase in the amount of water authorized to |
�
|
be stored, taken, or diverted under an amendment to an existing |
�
|
water right that increases the amount of water authorized to be |
�
|
stored, taken, or diverted and the application for which is pending |
�
|
with the Texas Commission on Environmental Quality on the effective |
�
|
date of this Act or is filed with the commission on or after that |
�
|
date. |
�
|
ARTICLE 2. �WATER CONSERVATION AND PLANNING AND OTHER WATER-RELATED |
�
|
PROVISIONS |
�
|
�������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 voluntary 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 voluntary 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 voluntary land stewardship as a significant |
�
|
water management tool. |
�
|
�������(b)��"Land stewardship," as used in this code, is the |
�
|
voluntary 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.��Subtitle A, Title 2, Water Code, is amended by |
�
|
adding Chapter 10 to read as follows: |
�
|
CHAPTER 10. �WATER CONSERVATION ADVISORY COUNCIL |
�
|
�������Sec.�10.001.��DEFINITIONS. In this chapter: |
�
|
�������������(1)��"Best management practices" has the meaning |
�
|
assigned by Section 11.002. |
�
|
�������������(2)��"Board" means the Texas Water Development Board. |
�
|
�������������(3)��"Commission" means the Texas Commission on |
�
|
Environmental Quality. |
�
|
�������������(4)��"Council" means the Water Conservation Advisory |
�
|
Council. |
�
|
�������Sec.�10.002.��PURPOSE. �The council is created to provide the |
�
|
governor, lieutenant governor, speaker of the house of |
�
|
representatives, legislature, board, commission, political |
�
|
subdivisions, and public with the resource of a select council with |
�
|
expertise in water conservation. |
�
|
�������Sec.�10.003.��CREATION AND MEMBERSHIP. �(a)��The council is |
�
|
composed of 23 members appointed by the board. The board shall |
�
|
appoint one member to represent each of the following entities or |
�
|
interest groups: |
�
|
�������������(1)��Texas Commission on Environmental Quality; |
�
|
�������������(2)��Department of Agriculture; |
�
|
�������������(3)��Parks and Wildlife Department; |
�
|
�������������(4)��State Soil and Water Conservation Board; |
�
|
�������������(5)��Texas Water Development Board; |
�
|
�������������(6)��regional water planning groups; |
�
|
�������������(7)��federal agencies; |
�
|
�������������(8)��municipalities; |
�
|
�������������(9)��groundwater conservation districts; |
�
|
�������������(10)��river authorities; |
�
|
�������������(11)��environmental groups; |
�
|
�������������(12)��irrigation districts; |
�
|
�������������(13)��institutional water users; |
�
|
�������������(14)��professional organizations focused on water |
�
|
conservation; |
�
|
�������������(15)��higher education; |
�
|
�������������(16)��agricultural groups; |
�
|
�������������(17)��refining and chemical manufacturing; |
�
|
�������������(18)��electric generation; |
�
|
�������������(19)��mining and recovery of minerals; |
�
|
�������������(20)��landscape irrigation and horticulture; |
�
|
�������������(21)��water control and improvement districts; |
�
|
�������������(22)��rural water users; and |
�
|
�������������(23)��municipal utility districts. |
�
|
�������(b)��Each entity or interest group described by Subsection |
�
|
(a) may recommend one or more persons to fill the position on the |
�
|
council held by the member who represents that entity or interest |
�
|
group. �If one or more persons are recommended for a position on the |
�
|
council, the board shall appoint one of the persons recommended to |
�
|
fill the position. |
�
|
�������Sec.�10.004.��TERMS. �(a)��Members of the council serve |
�
|
staggered terms of six years, with seven or eight members' terms, as |
�
|
applicable, expiring August 31 of each odd-numbered year. |
�
|
�������(b)��The board shall fill a vacancy on the council for the |
�
|
unexpired term by appointing a person who has the same |
�
|
qualifications as required under Section 10.003 for the person who |
�
|
previously held the vacated position. |
�
|
�������Sec.�10.005.��PRESIDING OFFICER. �The council members shall |
�
|
select one member as the presiding officer of the council to serve |
�
|
in that capacity until the person's term as a council member |
�
|
expires. |
�
|
�������Sec.�10.006.��COUNCIL STAFF. On request by the council, the |
�
|
board shall provide any necessary staff to assist the council in the |
�
|
performance of its duties. |
�
|
�������Sec.�10.007.��PUBLIC MEETINGS AND PUBLIC INFORMATION. |
�
|
(a)��The council may hold public meetings as needed to fulfill its |
�
|
duties under this chapter. |
�
|
�������(b)��The council is subject to Chapters 551 and 552, |
�
|
Government Code. |
�
|
�������Sec.�10.008.��INAPPLICABILITY OF ADVISORY COMMITTEE LAW. � |
�
|
Chapter 2110, Government Code, does not apply to the size, |
�
|
composition, or duration of the council. |
�
|
�������Sec.�10.009.��COMPENSATION OF MEMBERS. �(a)��Members of the |
�
|
council serve without compensation but may be reimbursed by |
�
|
legislative appropriation for actual and necessary expenses |
�
|
related to the performance of council duties. |
�
|
�������(b)��Reimbursement under Subsection (a) is subject to the |
�
|
approval of the presiding officer of the council. |
�
|
�������Sec.�10.010.��POWERS AND DUTIES OF COUNCIL. �The council |
�
|
shall: |
�
|
�������������(1)��monitor trends in water conservation |
�
|
implementation; |
�
|
�������������(2)��monitor new technologies for possible inclusion by |
�
|
the board as best management practices in the best management |
�
|
practices guide developed by the water conservation implementation |
�
|
task force under Chapter 109, Acts of the 78th Legislature, Regular |
�
|
Session, 2003; |
�
|
�������������(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)��develop and implement a state water management |
�
|
resource library; |
�
|
�������������(5)��develop and implement a public recognition program |
�
|
for water conservation; |
�
|
�������������(6)��monitor the implementation of water conservation |
�
|
strategies by water users included in regional water plans; and |
�
|
�������������(7)��monitor target and goal guidelines for water |
�
|
conservation to be considered by the board and commission. |
�
|
�������Sec.�10.011.��REPORT. �Not later than December 1 of each |
�
|
even-numbered year, the council shall submit to the governor, |
�
|
lieutenant governor, and speaker of the house of representatives a |
�
|
report on progress made in water conservation in this state. |
�
|
�������Sec.�10.012.��DESIGNATION OF CERTIFIED WATER CONSERVATION |
�
|
TRAINING FACILITIES STUDY. (a)��The council shall conduct a study |
�
|
to evaluate the desirability of requiring the board to: |
�
|
�������������(1)��designate as certified water conservation |
�
|
training facilities entities and programs that provide assistance |
�
|
to retail public utilities in developing water conservation plans |
�
|
under Section 13.146; and |
�
|
�������������(2)��give preference to certified water conservation |
�
|
training facilities in making loans or grants for water |
�
|
conservation training and education activities. |
�
|
�������(b)��Not later than December 1, 2008, the council shall |
�
|
submit a written report containing the findings of the study and the |
�
|
recommendations of the council to the governor, lieutenant |
�
|
governor, and speaker of the house of representatives. |
�
|
�������(c)��This section expires June 1, 2009. |
�
|
�������SECTION�2.04.��Section 11.002, Water Code, is amended by |
�
|
adding Subdivision (20) to read as follows: |
�
|
�������������(20)��"Best management practices" means those |
�
|
voluntary efficiency measures developed by the commission and the |
�
|
board that save a quantifiable amount of water, either directly or |
�
|
indirectly, and that can be implemented within a specified time |
�
|
frame. |
�
|
�������SECTION�2.05.��Subdivisions (1-a), (5), and (8), Section |
�
|
13.002, Water Code, are amended to read as follows: |
�
|
�������������(1-a)��"Landowner," "owner of a tract of land," and |
�
|
"owners of each tract of land" include multiple owners of a single |
�
|
deeded tract of land as shown on the appraisal roll of the appraisal |
�
|
district established for each county in which the property is |
�
|
located. |
�
|
�������������(5)��"Commission" means the Texas [Natural Resource
|
�
|
Conservation] Commission on Environmental Quality. |
�
|
�������������(8)��"Executive director" means the executive director |
�
|
of the commission [Texas Natural Resource Conservation
|
�
|
Commission]. |
�
|
�������SECTION�2.06.��Subchapter E, Chapter 13, Water Code, is |
�
|
amended by adding Sections 13.146 and 13.147 to read as follows: |
�
|
�������Sec.�13.146.��WATER CONSERVATION PLAN. �The commission shall |
�
|
require a retail public utility that provides potable water service |
�
|
to 3,300 or more connections to submit to the executive |
�
|
administrator of the board a water conservation plan based on |
�
|
specific targets and goals developed by the retail public utility |
�
|
and using appropriate best management practices, as defined by |
�
|
Section 11.002, or other water conservation strategies. |
�
|
�������Sec.�13.147.��CONSOLIDATED BILLING AND COLLECTION |
�
|
CONTRACTS. (a)��A retail public utility providing water service |
�
|
may contract with a retail public utility providing sewer service |
�
|
to bill and collect the sewer service provider's fees and payments |
�
|
as part of a consolidated process with the billing and collection of |
�
|
the water service provider's fees and payments. �The water service |
�
|
provider may provide that service only for customers who are served |
�
|
by both providers in an area covered by both providers' |
�
|
certificates of public convenience and necessity. �If the water |
�
|
service provider refuses to enter into a contract under this |
�
|
section or if the water service provider and sewer service provider |
�
|
cannot agree on the terms of a contract, the sewer service provider |
�
|
may petition the commission to issue an order requiring the water |
�
|
service provider to provide that service. |
�
|
�������(b)��A contract or order under this section must provide |
�
|
procedures and deadlines for submitting billing and customer |
�
|
information to the water service provider and for the delivery of |
�
|
collected fees and payments to the sewer service provider. |
�
|
�������(c)��A contract or order under this section may require or |
�
|
permit a water service provider that provides consolidated billing |
�
|
and collection of fees and payments to: |
�
|
�������������(1)��terminate the water services of a person whose |
�
|
sewage services account is in arrears for nonpayment; and |
�
|
�������������(2)��charge a customer a reconnection fee if the |
�
|
customer's water service is terminated for nonpayment of the |
�
|
customer's sewage services account. |
�
|
�������(d)��A water service provider that provides consolidated |
�
|
billing and collection of fees and payments may impose on each sewer |
�
|
service provider customer a reasonable fee to recover costs |
�
|
associated with providing consolidated billing and collection of |
�
|
fees and payments for sewage services. |
�
|
�������SECTION�2.07.��Subchapter F, Chapter 13, Water Code, is |
�
|
amended by adding Section 13.188 to read as follows: |
�
|
�������Sec.�13.188.��ADJUSTMENT FOR CHANGE IN ENERGY COSTS. � |
�
|
(a)��Notwithstanding any other provision in this chapter, the |
�
|
commission by rule shall adopt a procedure allowing a utility to |
�
|
file with the commission an application to timely adjust the |
�
|
utility's rates to reflect an increase or decrease in documented |
�
|
energy costs in a pass through clause. �The commission, by rule, |
�
|
shall require the pass through of documented decreases in energy |
�
|
costs within a reasonable time. �The pass through, whether a |
�
|
decrease or increase, shall be implemented on no later than an |
�
|
annual basis, unless the commission determines a special |
�
|
circumstance applies. |
�
|
�������(b)��Notwithstanding any other provision to the contrary, |
�
|
this adjustment is an uncontested matter not subject to a contested |
�
|
case hearing. �However, the executive director shall hold an |
�
|
uncontested public meeting: |
�
|
�������������(1)��on the request of a member of the legislature who |
�
|
represents the area served by the water and sewer utility; or |
�
|
�������������(2)��if the executive director determines that there is |
�
|
substantial public interest in the matter. |
�
|
�������(c)��A proceeding under this section is not a rate case and |
�
|
Section 13.187 does not apply. |
�
|
�������SECTION�2.08.��Section 13.2451, Water Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�13.2451.��EXTENSION BEYOND EXTRATERRITORIAL |
�
|
JURISDICTION. �(a)��If�[Except as provided by Subsection (b), if] a |
�
|
municipality extends its extraterritorial jurisdiction to include |
�
|
an area certificated to a retail public utility, the retail public |
�
|
utility may continue and extend service in its area of public |
�
|
convenience and necessity under the rights granted by its |
�
|
certificate and this chapter. |
�
|
�������(b)��A municipality that seeks to extend a certificate of |
�
|
public convenience and necessity beyond the municipality's |
�
|
extraterritorial jurisdiction must ensure that the municipality |
�
|
complies with Section 13.241 in relation to the area covered by the |
�
|
portion of the certificate that extends beyond the municipality's |
�
|
extraterritorial jurisdiction. |
�
|
�������(c)��The commission, after notice to the municipality and an |
�
|
opportunity for a hearing, may decertify an area outside a |
�
|
municipality's extraterritorial jurisdiction if the municipality |
�
|
does not provide service to the area on or before the fifth |
�
|
anniversary of the date the certificate of public convenience and |
�
|
necessity was granted for the area. �This subsection does not apply |
�
|
to a certificate of public convenience and necessity for an area: |
�
|
�������������(1)��that was transferred to a municipality on approval |
�
|
of the commission; and |
�
|
�������������(2)��in relation to which the municipality has spent |
�
|
public funds. |
�
|
�������(d)��To the extent of a conflict between this section and |
�
|
Section 13.245, Section 13.245 prevails�[The commission may not
|
�
|
extend a municipality's certificate of public convenience and
|
�
|
necessity beyond its extraterritorial jurisdiction without the
|
�
|
written consent of the landowner who owns the property in which the
|
�
|
certificate is to be extended. The portion of any certificate of
|
�
|
public convenience and necessity that extends beyond the
|
�
|
extraterritorial jurisdiction of the municipality without the
|
�
|
consent of the landowner is void]. |
�
|
�������SECTION�2.09.��Subsection (a-1), Section 13.246, Water Code, |
�
|
is amended to read as follows: |
�
|
�������(a-1)��Except as otherwise provided by this subsection, in |
�
|
addition to the notice required by Subsection (a), the commission |
�
|
shall require notice to be mailed to each owner of a tract of land |
�
|
that is at least 25 [50] acres and is wholly or partially included |
�
|
in the area proposed to be certified. Notice required under this |
�
|
subsection must be mailed by first class mail to the owner of the |
�
|
tract according to the most current tax appraisal rolls of the |
�
|
applicable central appraisal district at the time the commission |
�
|
received the application for the certificate or amendment. Good |
�
|
faith efforts to comply with the requirements of this subsection |
�
|
shall be considered adequate notice to landowners. Notice under |
�
|
this subsection is not required for a matter filed with the |
�
|
commission under: |
�
|
�������������(1)��Section 13.248 or 13.255; or |
�
|
�������������(2)��Chapter 65. |
�
|
�������SECTION�2.10.��Subsection (b), Section 15.102, 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, and projects |
�
|
providing regional water quality enhancement services as defined by |
�
|
board rule, including regional conveyance systems. |
�
|
�������SECTION�2.11.��Subchapter Q, Chapter 15, Water Code, is |
�
|
amended by adding Section 15.9751 to read as follows: |
�
|
�������Sec.�15.9751.��PRIORITY FOR WATER CONSERVATION. �The board |
�
|
shall give priority to applications for funds for the |
�
|
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�2.12.��Section 16.017, Water Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�16.017.��TOPOGRAPHIC AND GEOLOGIC MAPPING. �(a)��The |
�
|
executive administrator shall carry out the program for topographic |
�
|
and geologic mapping of the state. |
�
|
�������(b)��The executive administrator shall operate as part of the |
�
|
Texas Natural Resources Information System a strategic mapping |
�
|
program to acquire, store, and distribute digital, geospatial |
�
|
information. |
�
|
�������SECTION�2.13.��Subchapter B, Chapter 16, Water Code, is |
�
|
amended by adding Sections 16.023 and 16.024 to read as follows: |
�
|
�������Sec.�16.023.��STRATEGIC MAPPING ACCOUNT. (a)��The strategic |
�
|
mapping account is an account in the general revenue fund. �The |
�
|
account consists of: |
�
|
�������������(1)��money directly appropriated to the board; |
�
|
�������������(2)��money transferred by the board from other funds |
�
|
available to the board; |
�
|
�������������(3)��money from gifts or grants from the United States |
�
|
government, state, regional, or local governments, educational |
�
|
institutions, private sources, or other sources; |
�
|
�������������(4)��proceeds from the sale of maps, data, |
�
|
publications, and other items; and |
�
|
�������������(5)��interest earned on the investment of money in the |
�
|
account and depository interest allocable to the account. |
�
|
�������(b)��The account may be appropriated only to the board to: |
�
|
�������������(1)��develop, administer, and implement the strategic |
�
|
mapping program; |
�
|
�������������(2)��provide grants to political subdivisions for |
�
|
projects related to the development, use, and dissemination of |
�
|
digital, geospatial information; and |
�
|
�������������(3)��administer, implement, and operate other programs |
�
|
of the Texas Natural Resources Information System, including: |
�
|
�������������������(A)��the operation of a Texas-Mexico border region |
�
|
information center for the purpose of implementing Section 16.021 |
�
|
(e)(5); |
�
|
�������������������(B)��the acquisition, storage, and distribution |
�
|
of historical maps, photographs, and paper map products; |
�
|
�������������������(C)��the maintenance and enhancement of |
�
|
information technology; and |
�
|
�������������������(D)��the production, storage, and distribution of |
�
|
other digital base maps, as determined by the executive |
�
|
administrator or a state agency that is a member of the Texas |
�
|
Geographic Information Council. |
�
|
�������(c)��The board may invest, reinvest, and direct the |
�
|
investment of any available money in the fund as provided by law for |
�
|
the investment of money under Section 404.024, Government Code. |
�
|
�������Sec.�16.024.��FINANCIAL ASSISTANCE FOR DIGITAL, GEOSPATIAL |
�
|
INFORMATION PROJECTS. (a)��A political subdivision seeking a grant |
�
|
under Section 16.023 must file an application with the board. |
�
|
�������(b)��An application must be filed in the manner and form |
�
|
required by board rules. |
�
|
�������(c)��In reviewing an application by a political subdivision |
�
|
for a grant, the board shall consider: |
�
|
�������������(1)��the degree to which the political subdivision has |
�
|
used other available resources to finance the development, use, and |
�
|
dissemination of digital, geospatial information; |
�
|
�������������(2)��the willingness and ability of the political |
�
|
subdivision to develop, use, and disseminate digital, geospatial |
�
|
information; and |
�
|
�������������(3)��the benefits that will be gained by making the |
�
|
grant. |
�
|
�������(d)��The board may approve a grant to a political subdivision |
�
|
only if the board finds that: |
�
|
�������������(1)��the grant will supplement rather than replace |
�
|
money of the political subdivision; |
�
|
�������������(2)��the public interest is served by providing the |
�
|
grant; and |
�
|
�������������(3)��the grant will further the state's ability to |
�
|
gather, develop, use, and disseminate digital, geospatial |
�
|
information. |
�
|
�������SECTION�2.14.��Subsection (h), Section 16.053, Water Code, |
�
|
is amended by adding Subdivisions (10) and (11) 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 makes a written determination that |
�
|
the proposed amendment qualifies for adoption in the manner |
�
|
provided by this subdivision before the regional water planning |
�
|
group votes on adoption of the amendment. A proposed amendment |
�
|
qualifies for adoption in the manner provided by this subdivision |
�
|
only if the amendment is a minor amendment, as defined by board |
�
|
rules, that 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 a proposed 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 proposed 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 proposed |
�
|
amendment at the meeting. |
�
|
�������SECTION�2.15.��Subsection (r), Section 16.053, Water Code, |
�
|
as added by Chapter 1097, Acts of the 79th Legislature, Regular |
�
|
Session, 2005, is amended to read as follows: |
�
|
�������(r)��The board by rule shall provide for reasonable |
�
|
flexibility to allow for a timely amendment of a regional water |
�
|
plan, the board's approval of an amended regional water plan, and |
�
|
the amendment of the state water plan. �If an amendment under this |
�
|
subsection is[,]�to facilitate planning for water supplies |
�
|
reasonably required for a clean coal project, as defined by Section |
�
|
5.001, the[. �The]�rules may allow for amending a regional water |
�
|
plan without providing notice and without a public meeting or |
�
|
hearing under Subsection (h) if the amendment does not: |
�
|
�������������(1)��significantly change the regional water plan, as |
�
|
reasonably determined by the board; or |
�
|
�������������(2)��adversely affect other water management |
�
|
strategies in the regional water plan. |
�
|
�������SECTION�2.16.��Subchapter E, Chapter 16, Water Code, is |
�
|
amended by adding Section 16.1311 to read as follows: |
�
|
�������Sec.�16.1311.��PRIORITY FOR WATER CONSERVATION. �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�2.17.��Sections 16.315 and 16.319, Water Code, are |
�
|
amended to read as follows: |
�
|
�������Sec.�16.315.��POLITICAL SUBDIVISIONS; COMPLIANCE WITH |
�
|
FEDERAL REQUIREMENTS. All political subdivisions are hereby |
�
|
authorized to take all necessary and reasonable actions that are |
�
|
not less stringent than [to comply with] the requirements and |
�
|
criteria of the National Flood Insurance Program, including but not |
�
|
limited to: |
�
|
�������������(1)��making appropriate land use adjustments to |
�
|
constrict the development of land which is exposed to flood damage |
�
|
and minimize damage caused by flood losses; |
�
|
�������������(2)��guiding the development of proposed future |
�
|
construction, where practicable, away from a location which is |
�
|
threatened by flood hazards; |
�
|
�������������(3)��assisting in minimizing damage caused by floods; |
�
|
�������������(4)��authorizing and engaging in continuing studies of |
�
|
flood hazards in order to facilitate a constant reappraisal of the |
�
|
flood insurance program and its effect on land use requirements; |
�
|
�������������(5)��engaging in floodplain management, [and] adopting |
�
|
and enforcing permanent land use and control measures that are not |
�
|
less stringent than those [consistent with the criteria] |
�
|
established under the National Flood Insurance Act, and providing |
�
|
for the imposition of penalties on landowners who violate this |
�
|
subchapter or rules adopted or orders issued under this subchapter; |
�
|
�������������(6)��declaring property, when such is the case, to be in |
�
|
violation of local laws, regulations, or ordinances which are |
�
|
intended to discourage or otherwise restrict land development or |
�
|
occupancy in flood-prone areas and notifying the director, or |
�
|
whomever the director designates, of such property; |
�
|
�������������(7)��consulting with, giving information to, and |
�
|
entering into agreements with the Federal Emergency Management |
�
|
Agency for the purpose of: |
�
|
�������������������(A)��identifying and publishing information with |
�
|
respect to all flood areas, including coastal areas; and |
�
|
�������������������(B)��establishing flood-risk zones in all such |
�
|
areas and making estimates with respect to the rates of probable |
�
|
flood-caused loss for the various flood-risk zones for each of |
�
|
these areas; |
�
|
�������������(8)��cooperating with the director's studies and |
�
|
investigations with respect to the adequacy of local measures in |
�
|
flood-prone areas as to land management and use, flood control, |
�
|
flood zoning, and flood damage prevention; |
�
|
�������������(9)��taking steps, using regional, watershed, and |
�
|
multi-objective approaches, to improve the long-range management |
�
|
and use of flood-prone areas; |
�
|
�������������(10)��purchasing, leasing, and receiving property from |
�
|
the director when such property is owned by the federal government |
�
|
and lies within the boundaries of the political subdivision |
�
|
pursuant to agreements with the Federal Emergency Management Agency |
�
|
or other appropriate legal representative of the United States |
�
|
Government; |
�
|
�������������(11)��requesting aid pursuant to the entire |
�
|
authorization from the commission; |
�
|
�������������(12)��satisfying criteria adopted and promulgated by |
�
|
the commission pursuant to the National Flood Insurance Program; |
�
|
�������������(13)��adopting permanent land use and control measures |
�
|
with enforcement provisions that are not less stringent than [which
|
�
|
are consistent with] the criteria for land management and use |
�
|
adopted by the director; |
�
|
�������������(14)��adopting more comprehensive floodplain |
�
|
management rules that the political subdivision determines are |
�
|
necessary for planning and appropriate to protect public health and |
�
|
safety; |
�
|
�������������(15)��participating in floodplain management and |
�
|
mitigation initiatives such as the National Flood Insurance |
�
|
Program's Community Rating System, Project Impact, or other |
�
|
initiatives developed by federal, state, or local government; and |
�
|
�������������(16)��collecting reasonable fees to cover the cost of |
�
|
administering a local floodplain management program. |
�
|
�������Sec.�16.319.��QUALIFICATION. Political subdivisions |
�
|
wishing to qualify under the National Flood Insurance Program shall |
�
|
have the authority to do so by complying with the directions of the |
�
|
Federal Emergency Management Agency and by: |
�
|
�������������(1)��evidencing to the director a positive interest in |
�
|
securing flood insurance coverage under the National Flood |
�
|
Insurance Program; and |
�
|
�������������(2)��giving to the director satisfactory assurance that |
�
|
measures will have been adopted for the political subdivision that |
�
|
[which measures] will be not less stringent than [consistent with] |
�
|
the comprehensive criteria for land management and use developed by |
�
|
the Federal Emergency Management Agency. |
�
|
�������SECTION�2.18.��Chapter 16, Water Code, is amended by adding |
�
|
Subchapter K to read as follows: |
�
|
SUBCHAPTER K. WATER CONSERVATION |
�
|
�������Sec.�16.401.��STATEWIDE WATER CONSERVATION PUBLIC AWARENESS |
�
|
PROGRAM. �(a)��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. |
�
|
�������(b)��The executive administrator is required to develop and |
�
|
implement the program required by Subsection (a) in a state fiscal |
�
|
biennium only if the legislature appropriates sufficient money in |
�
|
that biennium specifically for that purpose. |
�
|
�������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 established by Section 11.1271 and the |
�
|
submission deadlines developed under Subsection (e) of this |
�
|
section. |
�
|
�������(d)��The board may notify the commission if the board |
�
|
determines that an entity has violated this section or a rule |
�
|
adopted under this section. �Notwithstanding Section 7.051(b), a |
�
|
violation of this section or of a rule adopted under this section is |
�
|
enforceable in the manner provided by Chapter 7 for a violation of a |
�
|
provision of this code within the commission's jurisdiction or of a |
�
|
rule adopted by the commission under a provision of this code within |
�
|
the commission's jurisdiction. |
�
|
�������(e)��The board and commission jointly shall adopt rules: |
�
|
�������������(1)��identifying the minimum requirements and |
�
|
submission deadlines for the annual reports required by Subsection |
�
|
(b); and |
�
|
�������������(2)��providing for the enforcement of this section and |
�
|
rules adopted under this section. |
�
|
�������SECTION�2.19.��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�2.20.��Chapter 35, Water Code, is amended by adding |
�
|
Section 35.020 to read as follows: |
�
|
�������Sec.�35.020.��PUBLIC PARTICIPATION IN GROUNDWATER |
�
|
MANAGEMENT PROCESS. �It is the policy of the state to encourage |
�
|
public participation in the groundwater management process in areas |
�
|
within a groundwater management area not represented by a |
�
|
groundwater conservation district. |
�
|
�������SECTION�2.21.��Subsection (d), Section 36.113, Water Code, |
�
|
is amended to read as follows: |
�
|
�������(d)��Before granting or denying a permit or permit amendment, |
�
|
the district shall consider whether: |
�
|
�������������(1)��the application conforms to the requirements |
�
|
prescribed by this chapter and is accompanied by the prescribed |
�
|
fees; |
�
|
�������������(2)��the proposed use of water unreasonably affects |
�
|
existing groundwater and surface water resources or existing permit |
�
|
holders; |
�
|
�������������(3)��the proposed use of water is dedicated to any |
�
|
beneficial use; |
�
|
�������������(4)��the proposed use of water is consistent with the |
�
|
district's certified water management plan; |
�
|
�������������(5)��if the well will be located in the Hill Country |
�
|
Priority Groundwater Management Area, the proposed use of water |
�
|
from the well is wholly or partly to provide water to a pond, lake, |
�
|
or reservoir to enhance the appearance of the landscape; |
�
|
�������������(6)��the applicant has agreed to avoid waste and |
�
|
achieve water conservation; and |
�
|
�������������(7)�[(6)]��the applicant has agreed that reasonable |
�
|
diligence will be used to protect groundwater quality and that the |
�
|
applicant will follow well plugging guidelines at the time of well |
�
|
closure. |
�
|
�������SECTION�2.22.��Subsection (d), Section 36.117, Water Code, |
�
|
is amended to read as follows: |
�
|
�������(d)��Notwithstanding Subsection (b), a district may require |
�
|
a well to be permitted by the district and to comply with all |
�
|
district rules if: |
�
|
�������������(1)��the withdrawals from a well in the Hill Country |
�
|
Priority Groundwater Management Area and exempted under Subsection |
�
|
(b)(1) are no longer used solely for domestic use or to provide |
�
|
water for livestock or poultry; |
�
|
�������������(2)��the purpose of a well exempted under Subsection |
�
|
(b)(2) is no longer solely to supply water for a rig that is |
�
|
actively engaged in drilling or exploration operations for an oil |
�
|
or gas well permitted by the Railroad Commission of Texas; or |
�
|
�������������(3)�[(2)]��the withdrawals from a well exempted under |
�
|
Subsection (b)(3) are no longer necessary for mining activities or |
�
|
are greater than the amount necessary for mining activities |
�
|
specified in the permit issued by the Railroad Commission of Texas |
�
|
under Chapter 134, Natural Resources Code. |
�
|
�������SECTION�2.23.��Subchapter H, Chapter 49, Water Code, is |
�
|
amended by adding Section 49.2205 to read as follows: |
�
|
�������Sec.�49.2205.��USE OF RIGHT-OF-WAY EASEMENTS FOR CERTAIN |
�
|
ENERGY-RELATED PURPOSES. (a)��To foster the generation and |
�
|
transmission of electricity from clean coal projects, as defined by |
�
|
Section 5.001, renewable energy technology projects, and the |
�
|
capture and storage of carbon dioxide and other greenhouse gases, a |
�
|
district or water supply corporation may allow others to construct, |
�
|
maintain, and operate transmission lines and pipelines over, under, |
�
|
across, on, or along rights-of-way and easements of the district or |
�
|
water supply corporation for transmission of electricity generated |
�
|
by those projects and the transportation of carbon dioxide and |
�
|
other greenhouse gases, unless the use: |
�
|
�������������(1)��is incompatible with the public use for which the |
�
|
easement was acquired or condemned; or |
�
|
�������������(2)��compromises public health or safety. |
�
|
�������(b)��The district or water supply corporation is not required |
�
|
to obtain additional consideration for the construction, |
�
|
maintenance, and operation of the transmission lines and pipelines |
�
|
under this section if the person constructing, maintaining, and |
�
|
operating the transmission lines and pipelines bears all costs of |
�
|
the construction, maintenance, and operation of the transmission |
�
|
lines and pipelines and restoring the property. The activities |
�
|
authorized by this subsection may be exercised only with the |
�
|
consent of and subject to the direction of the governing body of the |
�
|
district or water supply corporation. |
�
|
�������(c)��A person that is subject to Subsection (a) that acquires |
�
|
a right-of-way easement on real property for a public use may |
�
|
include in the notice of the acquisition a statement that to foster |
�
|
the generation and transmission of electricity from clean coal |
�
|
projects as defined by Section 5.001, Water Code, renewable energy |
�
|
technology projects, and the capture and storage of carbon dioxide |
�
|
and other greenhouse gases, water districts and water supply |
�
|
corporations may allow others to construct, maintain, and operate |
�
|
transmission lines and pipelines over, under, across, on, or along |
�
|
the rights-of-way and easements for the transmission of electricity |
�
|
that is generated by those projects and transportation of carbon |
�
|
dioxide and other greenhouse gases, unless the use: |
�
|
�������������(1)��is incompatible with the public use for which the |
�
|
easement was acquired or condemned; or |
�
|
�������������(2)��compromises public health or safety. |
�
|
�������(d)��This section applies only to a right-of-way or easement |
�
|
acquired by the district or water supply corporation on or after |
�
|
September 1, 2007. |
�
|
�������(e)��This section does not apply to a right-of-way or |
�
|
easement that is used for the transmission of electricity without |
�
|
the consent of a person owning the transmission lines if that use |
�
|
began before September 1, 2007. |
�
|
�������SECTION�2.24.��Chapter 49, Water Code, is amended by adding |
�
|
Subchapter O to read as follows: |
�
|
SUBCHAPTER O. �EFFECT OF SUBDIVISION OF NONAGRICULTURAL LAND ON |
�
|
WATER RIGHTS |
�
|
�������Sec.�49.501.��DEFINITION. �In this subchapter, "municipal |
�
|
water supplier"�means a municipality or a water supply corporation. |
�
|
�������Sec.�49.502.��APPLICABILITY. �This subchapter applies only |
�
|
to a district, other than a drainage district, located wholly or |
�
|
partly in a county: |
�
|
�������������(1)��that borders the Gulf of Mexico and the United |
�
|
Mexican States; or |
�
|
�������������(2)��that is adjacent to a county described by |
�
|
Subdivision (1). |
�
|
�������Sec.�49.503.��PETITION BY MUNICIPAL WATER SUPPLIER TO |
�
|
CONVERT WATER USE AFTER SUBDIVISION. �(a)��This section applies |
�
|
only to land: |
�
|
�������������(1)��that is: |
�
|
�������������������(A)��subdivided into town lots or blocks or small |
�
|
parcels of the same general nature as town lots or blocks; |
�
|
�������������������(B)��designed, intended, or suitable for |
�
|
residential or other nonagricultural purposes, including streets, |
�
|
alleys, parkways, parks, detention or retention ponds, and railroad |
�
|
property and rights-of-way; or |
�
|
�������������������(C)��in a subdivision created to meet the |
�
|
requirements of a governmental entity authorized to require a |
�
|
recorded plat of subdivided lands; |
�
|
�������������(2)��that is in a subdivision for which a plat or map |
�
|
has been filed and recorded in the office of the county clerk of |
�
|
each county in which the subdivision is wholly or partly located; |
�
|
and |
�
|
�������������(3)��that is or was assessed as flat rate irrigable |
�
|
property in the municipal water supplier's certificated service |
�
|
area or its corporate area. |
�
|
�������(b)��A municipal water supplier that serves land described by |
�
|
Subsection (a) may petition the district in accordance with this |
�
|
section to convert the proportionate irrigation water right to the |
�
|
Rio Grande from irrigation use to municipal use with municipal |
�
|
priority of allocation under commission rules, for the use and |
�
|
benefit of the municipal water supplier. |
�
|
�������(c)��The municipal water supplier must file the petition with |
�
|
the district not later than January 1 after the expiration of two |
�
|
years after the date the plat or map was recorded under Subsection |
�
|
(a). �The district shall consider the petition not later than |
�
|
January 31 of the year following the year in which the petition was |
�
|
filed. |
�
|
�������(d)��The petition must identify by subdivision name or other |
�
|
sufficient description the land that the municipal water supplier |
�
|
supplies or has the right to supply potable water. |
�
|
�������(e)��This section applies only to one subdivision of the land |
�
|
recorded under Subsection (a). �This section does not apply to any |
�
|
further subdivision of the same property. |
�
|
�������Sec.�49.504.��EFFECT OF MUNICIPAL WATER SUPPLIER'S FAILURE |
�
|
TO FILE A PETITION. �(a)��If a municipal water supplier does not |
�
|
file a petition under Section 49.503, the district may retain the |
�
|
water rights for use by the district or may declare the water as |
�
|
excess and contract for the sale or use of the water as determined |
�
|
by the district. |
�
|
�������(b)��Before a district may contract for the sale or use of |
�
|
water for more than one year with a purchaser located outside of a |
�
|
county described by Section 49.502, the district must, for 90 days: |
�
|
�������������(1)��make the water available under the same terms to |
�
|
all municipal water suppliers located in those counties; and |
�
|
�������������(2)��advertise the offer to sell or contract for the use |
�
|
of the water by posting notice on: |
�
|
�������������������(A)��any website of the Rio Grande Watermaster's |
�
|
Office; |
�
|
�������������������(B)��any website of the Rio Grande Regional Water |
�
|
Authority; and |
�
|
�������������������(C)��the official posting place for the district's |
�
|
board meetings at the district's office. |
�
|
�������(c)��If, after the 90th day after the last date on which the |
�
|
district posted notice, a municipal water supplier in a county |
�
|
described by Section 49.502 has not contracted with the district |
�
|
for the sale or use of the water, the district may contract with any |
�
|
other person for the sale or use of the water under the terms of the |
�
|
offer advertised under Subsection (b). |
�
|
�������Sec.�49.505.��CALCULATION OF PROPORTIONATE WATER RIGHTS. �A |
�
|
district that receives a petition under Section 49.503 shall |
�
|
compute the proportionate amount of water rights to the Rio Grande. � |
�
|
The proportionate amount of water rights is equal to the amount of |
�
|
irrigable acres of land in the subdivision multiplied by the lesser |
�
|
of: |
�
|
�������������(1)��1.25 acre-feet per irrigable acre; or |
�
|
�������������(2)��the sum of all irrigation water rights owned by the |
�
|
district on September 1, 2007, as if the water rights had been |
�
|
converted to municipal use under applicable commission rules, |
�
|
divided by the total amount of irrigable acres of land in the |
�
|
district on September 1, 2007. |
�
|
�������Sec.�49.506.��PROVISION OR CONVERSION OF PROPORTIONATE WATER |
�
|
RIGHTS BY DISTRICT. �(a)��Not later than the second anniversary of |
�
|
the date the municipal water supplier files a petition under |
�
|
Section 49.503: |
�
|
�������������(1)��a district shall provide the municipal water |
�
|
supplier with the proportionate water rights described by Section |
�
|
49.505 from the district's existing water rights; or |
�
|
�������������(2)��a district shall, if the district does not have |
�
|
sufficient existing water rights: |
�
|
�������������������(A)��apply for appropriate amendments to the |
�
|
district's water rights under commission rules to convert the |
�
|
proportionate water rights from irrigation use to municipal use |
�
|
with municipal priority of allocation; and |
�
|
�������������������(B)��provide to the municipal water supplier the |
�
|
converted rights described by Section 49.505. |
�
|
�������(b)��The district may continue to use the irrigation use |
�
|
water for district purposes until: |
�
|
�������������(1)��the commission approves the amendment to the |
�
|
district's water rights; or |
�
|
�������������(2)��the water is otherwise provided to the municipal |
�
|
water supplier. |
�
|
�������(c)��A district that applies for appropriate amendments |
�
|
under Subsection (a)(2) shall provide the municipal water supplier |
�
|
with an estimate of the district's reasonable costs for the |
�
|
administrative proceedings. �The district is not required to begin |
�
|
the proceedings until the municipal water supplier deposits the |
�
|
amount of the estimate with the district. �The municipal water |
�
|
supplier shall pay the district any reasonable costs that exceed |
�
|
the estimate. �The district shall refund the balance of the deposit |
�
|
if the actual cost is less than the estimate. |
�
|
�������Sec.�49.507.��CONTRACT TO PURCHASE PROPORTIONATE WATER |
�
|
RIGHTS; WATER RIGHTS SALE CONTRACT. �(a)��A municipal water |
�
|
supplier may contract to purchase the proportionate water rights |
�
|
described by Section 49.505. |
�
|
�������(b)��The purchase price may not exceed 68 percent of the |
�
|
current market value, as determined under Section 49.509, for the |
�
|
year that the municipal water supplier petitions the district. |
�
|
�������(c)��The contract must be in writing in a document entitled |
�
|
"Water Rights Sales Contract." |
�
|
�������(d)��The contract must include the purchase price for the |
�
|
water rights or, if the consideration for the sale is not monetary, |
�
|
the terms of the sale. |
�
|
�������(e)��The municipal water supplier shall file the contract |
�
|
with the Rio Grande watermaster not later than the 10th day after |
�
|
the date the contract is executed. |
�
|
�������(f)��The municipal water supplier shall pay the purchase |
�
|
price when the proportionate amount of water rights is made |
�
|
available to the municipal water supplier. |
�
|
�������Sec.�49.508.��CONTRACT TO USE PROPORTIONATE WATER RIGHTS; |
�
|
WATER SUPPLY CONTRACT. �(a)��A municipal water supplier may |
�
|
contract to use water associated with the proportionate water |
�
|
rights described by Section 49.505. |
�
|
�������(b)��The contract must be for at least 40 years. |
�
|
�������(c)��The price for the contractual right to use the municipal |
�
|
use water is based on an amount for one acre-foot of municipal use |
�
|
water with a municipal use priority of allocation and may not exceed |
�
|
the sum of: |
�
|
�������������(1)��an amount equal to the district's annual flat rate |
�
|
charge per assessed acre; and |
�
|
�������������(2)��the equivalent of the charge for four irrigations |
�
|
per flat rate acre of irrigable property in the district. |
�
|
�������(d)��The parties to the contract shall agree on the terms of |
�
|
payment of the contract price. |
�
|
�������(e)��The board periodically shall determine the flat rate |
�
|
charge and irrigation per acre charge described by Subsection (c). |
�
|
�������(f)��The contract must be in writing in a document entitled |
�
|
"Water Supply Contract."��The contract may contain any terms to |
�
|
which the parties agree. |
�
|
�������(g)��The municipal water supplier shall file the contract |
�
|
with the Rio Grande watermaster not later than the 10th day after |
�
|
the date the contract is executed. |
�
|
�������Sec.�49.509.��DUTY OF RIO GRANDE REGIONAL WATER AUTHORITY TO |
�
|
CALCULATE CURRENT MARKET VALUE. �(a)��The Rio Grande Regional Water |
�
|
Authority annually at its January meeting shall calculate the |
�
|
current market value by using the average price per acre-foot of |
�
|
municipal use water after conversion from irrigation use water to |
�
|
municipal use water with a municipal priority of allocation under |
�
|
commission rules of the last three purchases involving: |
�
|
�������������(1)��a municipal water supplier; |
�
|
�������������(2)��a party other than a municipal water supplier; and |
�
|
�������������(3)��at least 100 acre-feet of municipal use water, |
�
|
with municipal priority of allocation. |
�
|
�������(b)��The Rio Grande Regional Water Authority shall use |
�
|
information from the water rights sales contracts reported to the |
�
|
Rio Grande Watermaster's Office to calculate the current market |
�
|
value. |
�
|
�������(c)��The Rio Grande Regional Water Authority shall make the |
�
|
calculation: |
�
|
�������������(1)��without charging any of the parties involved; and |
�
|
�������������(2)��using 100 percent of the value of monetary |
�
|
exchanges, not in-kind exchanges. |
�
|
�������Sec.�49.510.��ACCOUNTING FOR SALE OF WATER RIGHTS. �A |
�
|
district shall maintain an accounting of money received from the |
�
|
sale of water rights under this subchapter. |
�
|
�������Sec.�49.511.��CAPITAL IMPROVEMENTS. �A district shall |
�
|
designate at least 75 percent of the proceeds from the sale of water |
�
|
rights for capital improvements in the district. |
�
|
�������Sec.�49.512.��MAP OF SERVICE AREA. �(a)��In this section, |
�
|
"outer boundaries of a district"�means district boundaries without |
�
|
considering any exclusion of land from inside the district. |
�
|
�������(b)��Each municipal water supplier that has a certificate of |
�
|
convenience and necessity service area in the outer boundaries of a |
�
|
district shall file a map of the service area with the district. |
�
|
�������(c)��The municipal water supplier shall update the map and |
�
|
forward the map to the district when changes are made. |
�
|
�������(d)��A district periodically shall provide to a municipal |
�
|
water supplier that serves territory in the district a copy of the |
�
|
district's map showing the outer boundaries of the district. |
�
|
�������(e)��A district may request from a municipal water supplier a |
�
|
map of the municipal water supplier's service area, and a municipal |
�
|
water supplier may request from the district a map of the district's |
�
|
outer boundaries. �On request, the district and a municipal water |
�
|
supplier shall provide the map free of charge to each other at least |
�
|
one time each year. �If the district or municipal water supplier |
�
|
receives more than one request a year for a map, the district or |
�
|
municipal water supplier may charge a reasonable fee for the map. |
�
|
�������SECTION�2.25.��Subchapter Z, Chapter 51, Education Code, is |
�
|
amended by adding Section 51.969 to read as follows: |
�
|
�������Sec.�51.969.��ON-SITE RECLAIMED SYSTEM TECHNOLOGIES |
�
|
CURRICULUM. The Texas Higher Education Coordinating Board shall |
�
|
encourage each institution of higher education to develop |
�
|
curriculum and provide related instruction regarding on-site |
�
|
reclaimed system technologies, including rainwater harvesting, |
�
|
condensate collection, or cooling tower blow down. |
�
|
�������SECTION�2.26.��Chapter 68, Education Code, is amended by |
�
|
adding Subchapter B to read as follows: |
�
|
SUBCHAPTER B. �POWERS AND DUTIES OF BOARD |
�
|
�������Sec.�68.21.��SUSTAINABLE WATER SUPPLY RESEARCH CENTER. � |
�
|
(a)��In this section, "center" means the Sustainable Water Supply |
�
|
Research Center. |
�
|
�������(b)��The board may establish and operate the Sustainable |
�
|
Water Supply Research Center as part of The University of Texas at |
�
|
Arlington. |
�
|
�������(c)��If established, the center shall: |
�
|
�������������(1)��conduct, sponsor, or direct multidisciplinary |
�
|
research directed toward: |
�
|
�������������������(A)��promoting water conservation through |
�
|
development of a sustainable water supply for this state; and |
�
|
�������������������(B)��mitigating the effect of diminishing water |
�
|
supplies on the economy and people of this state; and |
�
|
�������������(2)��conduct a comprehensive, interdisciplinary |
�
|
instructional program in water conservation with emphasis on |
�
|
development of a sustainable water supply at the graduate level and |
�
|
offer undergraduate courses for students interested in water |
�
|
conservation and sustainable water supply development. |
�
|
�������(d)��The organization, control, and management of the center |
�
|
are vested in the board. |
�
|
�������(e)��The center may enter into an agreement or may cooperate |
�
|
with a public or private entity to perform the research functions of |
�
|
the center. |
�
|
�������(f)��The board may solicit, accept, and administer gifts and |
�
|
grants from any public or private source for the use and benefit of |
�
|
the center. |
�
|
�������SECTION�2.27.��Section 447.004, Government Code, is amended |
�
|
by adding Subsection (c-1) to read as follows: |
�
|
�������(c-1)��The procedural standards adopted under this section |
�
|
must require that on-site reclaimed system technologies, including |
�
|
rainwater harvesting, condensate collection, or cooling tower blow |
�
|
down, or a combination of those system technologies, for nonpotable |
�
|
indoor use and landscape watering be incorporated into the design |
�
|
and construction of: |
�
|
�������������(1)��each new state building with a roof measuring at |
�
|
least 10,000 square feet; and |
�
|
�������������(2)��any other new state building for which the |
�
|
incorporation of such systems is feasible. |
�
|
�������SECTION�2.28.��Section 341.042, Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�341.042.��STANDARDS FOR HARVESTED RAINWATER. �(a)��The |
�
|
commission shall establish recommended standards relating to the |
�
|
domestic use of harvested rainwater, including health and safety |
�
|
standards for treatment and collection methods for harvested |
�
|
rainwater intended for drinking, cooking, or bathing. |
�
|
�������(b)��The commission by rule shall provide that if a structure |
�
|
is connected to a public water supply system and has a rainwater |
�
|
harvesting system for indoor use: |
�
|
�������������(1)��the structure must have appropriate |
�
|
cross-connection safeguards; and |
�
|
�������������(2)��the rainwater harvesting system may be used only |
�
|
for nonpotable indoor purposes. |
�
|
�������(c)��Standards and rules adopted by the commission under this |
�
|
chapter governing public drinking water supply systems do not apply |
�
|
to a person: |
�
|
�������������(1)��who harvests rainwater for domestic use; and |
�
|
�������������(2)��whose property is not connected to a public |
�
|
drinking water supply system. |
�
|
�������SECTION�2.29.��Subsection (b), Section 212.0101, 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�2.30.��Subsection (b), Section 232.0032, 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�2.31.��Chapter 401, Local Government Code, is |
�
|
amended by adding Section 401.006 to read as follows: |
�
|
�������Sec.�401.006.��WATER CONSERVATION BY HOME-RULE |
�
|
MUNICIPALITY. A home-rule municipality may adopt and enforce |
�
|
ordinances requiring water conservation in the municipality and by |
�
|
customers of the municipality's municipally owned water and sewer |
�
|
utility in the extraterritorial jurisdiction of the municipality. |
�
|
�������SECTION�2.32.��Subchapter Z, Chapter 402, Local Government |
�
|
Code, is amended by adding Section 402.911 to read as follows: |
�
|
�������Sec.�402.911.��DUTIES OF WATER SERVICE PROVIDER TO AN AREA |
�
|
SERVED BY SEWER SERVICE OF CERTAIN POLITICAL SUBDIVISIONS. � |
�
|
(a)��This section applies only to an area: |
�
|
�������������(1)��that is located in a county that has a population |
�
|
of more than 1.3 million; and |
�
|
�������������(2)��in which a customer's sewer service is provided by |
�
|
a municipality or conservation and reclamation district that also |
�
|
provides water service to other customers and the same customer's |
�
|
water service is provided by another entity. |
�
|
�������(b)��For each person the water service provider serves in an |
�
|
area to which this section applies, the water service provider |
�
|
shall provide the municipality or district with any relevant |
�
|
customer information so that the municipality or district may bill |
�
|
users of the sewer service directly and verify the water |
�
|
consumption of users. �Relevant customer information provided under |
�
|
this section includes the name, address, and telephone number of |
�
|
the customer of the water service provider, the monthly meter |
�
|
readings of the customer, monthly consumption information, |
�
|
including any billing adjustments, and certain meter information, |
�
|
such as brand, model, age, and location. |
�
|
�������(c)��The municipality or district shall reimburse the water |
�
|
service provider for its reasonable and actual incremental costs |
�
|
for providing services to the municipality or district under this |
�
|
section. �Incremental costs are limited to only those costs that are |
�
|
in addition to the water service provider's costs in providing its |
�
|
services to its customers, and those costs must be consistent with |
�
|
the costs incurred by other water utility providers. �Only if |
�
|
requested by the wastewater provider, the water service provider |
�
|
must provide the municipality or district with documentation |
�
|
certified by a certified public accountant of the reasonable and |
�
|
actual incremental costs for providing services to the municipality |
�
|
or district under this section. |
�
|
�������(d)��A municipality or conservation and reclamation district |
�
|
may provide written notice to a person to whom the municipality's or |
�
|
district's sewer service system provides service if the person has |
�
|
failed to pay for the service for more than 90 days. �The notice must |
�
|
state the past due amount owed and the deadline by which the past |
�
|
due amount must be paid or the person will lose water service. �The |
�
|
notice may be sent by mail or hand-delivered to the location at |
�
|
which the sewer service is provided. |
�
|
�������(e)��The municipality or district may notify the water |
�
|
service provider of a person who fails to make timely payment after |
�
|
the person receives notice under Subsection (d). �The notice must |
�
|
indicate the number of days the person has failed to pay for sewer |
�
|
service and the total amount past due. �On receipt of the notice, |
�
|
the water service provider shall discontinue water service to the |
�
|
person. |
�
|
�������(f)��This section does not apply to a nonprofit water supply |
�
|
or sewer service corporation created under Chapter 67, Water Code, |
�
|
or a district created under Chapter 65, Water Code. |
�
|
�������SECTION�2.33.��Section 430.003, Local Government Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�430.003.��EXEMPTIONS OF CERTAIN [STATE] PROPERTY FROM |
�
|
INFRASTRUCTURE FEES. �No county, municipality, or utility district |
�
|
may collect from a state agency or a public or private institution |
�
|
of higher education any fee charged for the development or |
�
|
maintenance of programs or [of] facilities for the control of |
�
|
excess water or storm water. |
�
|
�������SECTION�2.34.��Section 1903.053, Occupations Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�1903.053.��STANDARDS. �(a)��The commission shall adopt |
�
|
by rule and enforce standards governing: |
�
|
�������������(1)��the connection of irrigation systems to any water |
�
|
supply; |
�
|
�������������(2)��the design, installation, and operation of |
�
|
irrigation systems; |
�
|
�������������(3)��water conservation; and |
�
|
�������������(4)��the duties and responsibilities of licensed |
�
|
irrigators. |
�
|
�������(b)��[The commission may adopt standards for irrigation that
|
�
|
include water conservation, irrigation system design and
|
�
|
installation, and compliance with municipal codes.
|
�
|
�������[(c)]��The commission may not require or prohibit the use of |
�
|
any irrigation system, component part, or equipment of any |
�
|
particular brand or manufacturer. |
�
|
�������(c)��In adopting standards under this section, the |
�
|
commission shall consult the council. |
�
|
�������SECTION�2.35.��(a)��In this section, "board" means the Texas |
�
|
Water Development Board. |
�
|
�������(b)��The board, in coordination with the Far West Texas |
�
|
Regional Water Planning Group established pursuant to Section |
�
|
16.053, Water Code, shall conduct a study regarding the possible |
�
|
impact of climate change on surface water supplies from the Rio |
�
|
Grande. |
�
|
�������(c)��In conducting the study, the board shall convene a |
�
|
conference within the Far West Texas regional water planning area |
�
|
designated pursuant to Section 16.053, Water Code, to review: |
�
|
�������������(1)��any analysis conducted by a state located to the |
�
|
west of this state regarding the impact of climate change on surface |
�
|
water supplies in that state; |
�
|
�������������(2)��any other current analysis of potential impacts of |
�
|
climate change on surface water resources; and |
�
|
�������������(3)��recommendations for incorporation of potential |
�
|
impacts of climate change into the Far West Texas Regional Water |
�
|
Plan, including potential impacts to the Rio Grande in Texas |
�
|
subject to the Rio Grande Compact and identification of feasible |
�
|
water management strategies to offset any potential impacts. |
�
|
�������(d)��The conference should include, but not be limited to, |
�
|
the participation of representatives of: |
�
|
�������������(1)��the Far West Texas Regional Water Planning Group; |
�
|
�������������(2)��water authorities; |
�
|
�������������(3)��industrial customers; |
�
|
�������������(4)��agricultural interests; |
�
|
�������������(5)��municipalities; |
�
|
�������������(6)��fishing or recreational interests; |
�
|
�������������(7)��environmental advocacy organizations; and |
�
|
�������������(8)��institutions of higher education. |
�
|
�������(e)��Not later than December 31, 2008, the board shall submit |
�
|
to the legislature a written report regarding the study findings |
�
|
under this section. |
�
|
�������SECTION�2.36.��(a)��Chapter 9, Water Code, is repealed. |
�
|
�������(b)��The Texas Water Advisory Council is abolished on the |
�
|
effective date of this article. |
�
|
�������SECTION�2.37.��Chapter 64, Water Code, is repealed. |
�
|
�������SECTION�2.38.��As soon as practicable on or after the |
�
|
effective date of this article, the Texas Water Development Board |
�
|
shall appoint the initial members of the Water Conservation |
�
|
Advisory Council, as required by Section 10.003, Water Code, as |
�
|
added by this article. �In making the initial appointments, the |
�
|
board shall designate seven members to serve terms expiring August |
�
|
31, 2009, eight members to serve terms expiring August 31, 2011, and |
�
|
eight members to serve terms expiring August 31, 2013. |
�
|
�������SECTION�2.39.��The changes made by this Act to Section |
�
|
13.2451, Water Code, apply only to: |
�
|
�������������(1)��an application for a certificate of public |
�
|
convenience and necessity or for an amendment to a certificate of |
�
|
public convenience and necessity submitted to the Texas Commission |
�
|
on Environmental Quality on or after the effective date of this Act; |
�
|
�������������(2)��a proceeding to amend or revoke a certificate of |
�
|
public convenience and necessity initiated on or after the |
�
|
effective date of this Act; |
�
|
�������������(3)��a certificate of public convenience and necessity |
�
|
issued to a municipality, regardless of the date the certificate |
�
|
was issued; |
�
|
�������������(4)��an application by a municipality or by a utility |
�
|
owned by a municipality for a certificate of public convenience and |
�
|
necessity or for an amendment to a certificate, regardless of the |
�
|
date the application was filed; and |
�
|
�������������(5)��a proceeding to amend or revoke a certificate of |
�
|
public convenience and necessity held by a municipality or by a |
�
|
utility owned by a municipality, regardless of the date the |
�
|
proceeding was initiated. |
�
|
�������SECTION�2.40.��Sections 15.102 and 17.125, Water Code, as |
�
|
amended by this article, and Sections 15.9751 and 16.1311, 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 article. �An�application for |
�
|
financial assistance filed before the effective date of this |
�
|
article 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�2.41.��The change in law made by Subchapter O, |
�
|
Chapter 49, Water Code, as added by this Act, applies only to a |
�
|
subdivision for which a plat or map has been recorded in the office |
�
|
of the county clerk of a county on or after the effective date of |
�
|
this Act. �A subdivision for which a plat or map was recorded before |
�
|
the effective date of this Act is covered by the law in effect on the |
�
|
date the plat or map was recorded, and the former law is continued |
�
|
in effect for that purpose. |
�
|
�������SECTION�2.42.��Not later than June 1, 2008, the Texas |
�
|
Commission on Environmental Quality shall adopt standards as |
�
|
required by Section 1903.053, Occupations Code, as amended by this |
�
|
article, to take effect January 1, 2009. |
�
|
�������SECTION�2.43.��Section 2.27 of this article, adding |
�
|
Subsection (c-1), Section 447.004, Government Code, takes effect |
�
|
September 1, 2009. |
�
|
ARTICLE 3. �CONSTRUCTION AND OPERATION OF RESERVOIRS |
�
|
�������SECTION�3.01.��Section 16.051, Water Code, is amended by |
�
|
adding Subsection (i) to read as follows: |
�
|
�������(i)��For purposes of this section, the acquisition of fee |
�
|
title or an easement by a political subdivision for the purpose of |
�
|
providing retail public utility service to property in the |
�
|
reservoir site or allowing an owner of property in the reservoir |
�
|
site to improve or develop the property may not be considered a |
�
|
significant impairment that prevents the construction of a |
�
|
reservoir site under Subsection (g). A fee title or easement |
�
|
acquired under this subsection may not be considered the basis for |
�
|
preventing the future acquisition of land needed to construct a |
�
|
reservoir on a designated site. |
�
|
�������SECTION�3.02.��Subchapter E, Chapter 16, Water Code, is |
�
|
amended by adding Sections 16.143 and 16.144 to read as follows: |
�
|
�������Sec.�16.143.��OPTION TO LEASE. (a)��A former owner of real |
�
|
property used for agricultural purposes that was acquired, |
�
|
voluntarily or through the exercise of the power of eminent domain, |
�
|
for a reservoir whose site has been designated as unique for the |
�
|
construction of a reservoir under Section 16.051(g) is entitled to |
�
|
lease the property from the person who acquired the property under |
�
|
terms that allow the former owner to continue to use the property |
�
|
for agricultural purposes until the person who acquired the |
�
|
property determines that such use must be terminated to allow for |
�
|
the physical construction of the reservoir. Consistent with |
�
|
Subsection (b), the lease is subject to the terms and conditions set |
�
|
forth by the person who has acquired the property that are related |
�
|
to the use of the property by the former owner, including the term |
�
|
of the lease, the rent the former owner is required to pay under the |
�
|
lease, and the uses that may be allowed on the property during the |
�
|
term of the lease. |
�
|
�������(b)��A former owner of real property used for agricultural |
�
|
purposes is entitled to lease the property for the property's |
�
|
agricultural rental value until the person who acquired the |
�
|
property determines that the lease must be terminated to allow for |
�
|
the physical construction of the reservoir. |
�
|
�������Sec.�16.144.��ENVIRONMENTAL MITIGATION. (a)��If a person |
�
|
proposing to construct a reservoir whose site has been designated |
�
|
as unique for the construction of a reservoir under Section |
�
|
16.051(g) is required to mitigate future adverse environmental |
�
|
effects arising from the construction or operation of the reservoir |
�
|
or its related facilities, the person shall, if authorized by the |
�
|
applicable regulatory authority, attempt to mitigate those effects |
�
|
by offering to contract with and pay an amount of money to an owner |
�
|
of real property located outside of the reservoir site to maintain |
�
|
the property through an easement instead of acquiring the fee |
�
|
simple title to the property for that purpose. |
�
|
�������(b)��An owner of real property may reject an offer made under |
�
|
Subsection (a). If agreement on the terms of an easement under |
�
|
Subsection (a) cannot be reached by the parties after a good faith |
�
|
attempt and offer is made, then the party constructing the |
�
|
reservoir may obtain fee title to the property through voluntary or |
�
|
involuntary means. |
�
|
ARTICLE 4. �UNIQUE RESERVOIR SITES AND SITES OF UNIQUE ECOLOGICAL |
�
|
VALUE |
�
|
�������SECTION�4.01.��Section 16.051, Water Code, is amended by |
�
|
adding Subsection (g-1) to read as follows: |
�
|
�������(g-1)��Notwithstanding any other provisions of law, a site is |
�
|
considered to be a designated site of unique value for the |
�
|
construction of a reservoir if the site is recommended for |
�
|
designation in the 2007 state water plan adopted by the board and in |
�
|
effect on May 1, 2007. The designation of a unique reservoir site |
�
|
under this subsection terminates on September 1, 2015, unless there |
�
|
is an affirmative vote by a proposed project sponsor to make |
�
|
expenditures necessary in order to construct or file applications |
�
|
for permits required in connection with the construction of the |
�
|
reservoir under federal or state law. |
�
|
�������SECTION�4.02.��DESIGNATION OF SITES OF UNIQUE ECOLOGICAL |
�
|
VALUE. �The legislature, as authorized by Subsection (f), Section |
�
|
16.051, Water Code, designates those river or stream segment sites |
�
|
recommended in the 2007 state water plan as being of unique |
�
|
ecological value. |
�
|
�������SECTION�4.03.��RESTRICTION ON ELIGIBILITY TO HOLD WATER |
�
|
RIGHTS; LIABILITY FOR CONSTRUCTION, OPERATION, AND MAINTENANCE |
�
|
COSTS. (a)��This section applies only to the proposed Marvin |
�
|
Nichols and Lake Fastrill reservoirs. |
�
|
�������(b)��The right to appropriate at least 20 percent of the |
�
|
quantity of water that is authorized to be appropriated from each |
�
|
proposed reservoir must be held by one or more entities located in |
�
|
the regional water planning area in which the reservoir is to be |
�
|
located. |
�
|
�������(c)��If one or more entities located outside the regional |
�
|
water planning area in which a proposed reservoir is to be located |
�
|
are to hold the right to appropriate a majority of the quantity of |
�
|
water that is authorized to be appropriated from the reservoir, |
�
|
that entity or those entities must pay all of the costs of |
�
|
constructing, operating, and maintaining the reservoir until such |
�
|
time as one or more entities located in the regional water planning |
�
|
area in which the reservoir is to be located begins diverting water. |
�
|
At such time, the entity or entities making a diversion shall pay a |
�
|
pro-rata share of the cost of operating and maintaining the |
�
|
reservoir. |
�
|
�������SECTION�4.04.��STUDY COMMISSION ON REGION C WATER SUPPLY. |
�
|
(a)��The Study Commission on Region C Water Supply is established. |
�
|
The study commission consists of six members as follows: |
�
|
�������������(1)��three members appointed by the Region C Regional |
�
|
Water Planning Group; and |
�
|
�������������(2)��three members appointed by the Region D Regional |
�
|
Water Planning Group. |
�
|
�������(b)��A member of the study commission may be, but is not |
�
|
required to be, a voting member of the regional water planning group |
�
|
that appointed the member. |
�
|
�������(c)��The members of the study commission shall select a |
�
|
presiding officer from among the members. |
�
|
�������(d)��Members of the study commission are not entitled to |
�
|
compensation for service on the study commission but may be |
�
|
reimbursed for travel expenses incurred while conducting the |
�
|
business of the study commission, as provided for in the General |
�
|
Appropriations Act. |
�
|
�������(e)��The study commission shall: |
�
|
�������������(1)��review the water supply alternatives available to |
�
|
the Region C Regional Water Planning Area, including obtaining |
�
|
additional water supply from Wright Patman Lake, Toledo Bend |
�
|
Reservoir, Lake Texoma, Lake O' the Pines, other existing and |
�
|
proposed reservoirs, and groundwater; |
�
|
�������������(2)��in connection with the review under Subdivision |
�
|
(1) of this subsection, analyze the socioeconomic effect on the |
�
|
area where the water supply is located that would result from the |
�
|
use of the water to meet the water needs of the Region C Regional |
�
|
Water Planning Area, including: |
�
|
�������������������(A)��the effects on landowners, agricultural and |
�
|
natural resources, businesses, industries, and taxing entities of |
�
|
different water management strategies; and |
�
|
�������������������(B)��in connection with the use by the Region C |
�
|
Regional Water Planning Area of water from Wright Patman Lake, the |
�
|
effect on water availability in that lake and the effect on |
�
|
industries relying on that water availability; |
�
|
�������������(3)��determine whether water demand in the Region C |
�
|
Regional Water Planning Area may be reduced through additional |
�
|
conservation and reuse measures so as to postpone the need for |
�
|
additional water supplies; |
�
|
�������������(4)��evaluate measures that would need to be taken to |
�
|
comply with the mitigation requirements of the United States Army |
�
|
Corps of Engineers in connection with any proposed new reservoirs, |
�
|
including identifying potential mitigation sites; |
�
|
�������������(5)��consider whether the mitigation burden described |
�
|
by Subdivision (4) of this subsection may be shared by the Regions C |
�
|
and D Regional Water Planning Areas in proportion to the allocation |
�
|
to each region of water in any proposed reservoir; |
�
|
�������������(6)��review innovative methods of compensation to |
�
|
affected property owners, including royalties for water stored on |
�
|
acquired properties and annual payments to landowners for |
�
|
properties acquired for the construction of a reservoir to satisfy |
�
|
future water management strategies; |
�
|
�������������(7)��evaluate the minimum number of surface acres |
�
|
required for the construction of proposed reservoirs in order to |
�
|
develop adequate water supply; and |
�
|
�������������(8)��identify the locations of proposed reservoir sites |
�
|
and proposed mitigation sites, as applicable, as selected in |
�
|
accordance with existing state and federal law, in the Regions C and |
�
|
D Regional Water Planning Areas using satellite imagery with |
�
|
sufficient resolution to permit land ownership to be determined. |
�
|
�������(f)��The study commission may not be assisted by any person |
�
|
that is a party to or is employed by a party to a contract to perform |
�
|
engineering work with respect to site selection, permitting, |
�
|
design, or construction of the proposed Marvin Nichols reservoir. |
�
|
�������(g)��The Texas Water Development Board, on request of the |
�
|
study commission, may provide staff support or other assistance |
�
|
necessary to enable the study commission to carry out its duties. |
�
|
The Texas Water Development Board shall provide funding for the |
�
|
study commission, including funding of any studies conducted by the |
�
|
study commission, from the regional planning budget of the board. |
�
|
�������(h)��Not later than December 1, 2010, the study commission |
�
|
shall deliver a report to the governor, lieutenant governor, and |
�
|
speaker of the house of representatives that includes: |
�
|
�������������(1)��any studies completed by the study commission; |
�
|
�������������(2)��any legislation proposed by the study commission; |
�
|
�������������(3)��a recommendation as to whether Marvin Nichols |
�
|
should remain a designated reservoir site; and� |
�
|
�������������(4)��other findings and recommendations of the study |
�
|
commission. |
�
|
�������(i)��The study commission is abolished and this section |
�
|
expires December 31, 2011. |
�
|
�������SECTION�4.05.��EFFECTIVE DATE. 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, 2007. |
�
|
ARTICLE 5. �LEGISLATIVE JOINT INTERIM COMMITTEE |
�
|
�������SECTION�5.01.��(a)��In this section, "committee" means the |
�
|
joint interim committee on state water funding. |
�
|
�������(b)��The committee is composed of eight members as follows: |
�
|
�������������(1)��the chair of the Senate Committee on Natural |
�
|
Resources and the chair of the House Committee on Natural Resources |
�
|
who shall serve as joint chairs of the committee; |
�
|
�������������(2)��three members of the senate appointed by the |
�
|
lieutenant governor; and |
�
|
�������������(3)��three members of the house of representatives |
�
|
appointed by the speaker of the house of representatives. |
�
|
�������(c)��An appointed member of the committee serves at the |
�
|
pleasure of the appointing official. |
�
|
�������(d)��The committee shall meet at least annually with the |
�
|
executive director of the Texas Commission on Environmental Quality |
�
|
and the executive administrator of the Texas Water Development |
�
|
Board to: |
�
|
�������������(1)��receive information on water infrastructure needs |
�
|
as identified in the state water plan; |
�
|
�������������(2)��receive information on infrastructure cost and |
�
|
funding options to be used by local entities to meet the needs |
�
|
identified in the state water plan; |
�
|
�������������(3)��receive analyses of the funding gap and |
�
|
recommendations on how to address those funding needs; |
�
|
�������������(4)��receive information on whether all water fees |
�
|
assessed are sufficient to support the required regulatory |
�
|
water-related state program functions and activities; and |
�
|
�������������(5)��identify viable, sustainable, dedicated revenues |
�
|
and fee sources, or increases to existing revenue and fees, to |
�
|
support state water programs and to provide for natural resources |
�
|
data collection and dissemination, financial assistance programs, |
�
|
and water resources planning, including funding to implement water |
�
|
management strategies in the state water plan. |
�
|
�������(e)��The committee may hold hearings and may request reports |
�
|
and other information from state agencies as necessary to carry out |
�
|
this section. |
�
|
�������(f)��The Senate Committee on Natural Resources and the House |
�
|
Committee on Natural Resources shall provide staff necessary for |
�
|
the committee to fulfill its duties. |
�
|
�������(g)��Not later than December 1, 2008, the committee shall |
�
|
report to the governor, the lieutenant governor, and the speaker of |
�
|
the house of representatives on the committee's activities under |
�
|
Subsection (d) of this section. The report shall include |
�
|
recommendations of any legislative action necessary to address |
�
|
funding needs to support the state's water programs and water |
�
|
infrastructure needs. |
�
|
ARTICLE 6. �WATER DEVELOPMENT BOARD |
�
|
�������SECTION�6.01.��Section 16.344, Water Code, is amended by |
�
|
adding Subsections (d) through (i) to read as follows: |
�
|
�������(d)��Notwithstanding Section 16.343(g) or Section 16.350(a), |
�
|
a political subdivision may temporarily continue to receive funds |
�
|
under Subchapter K, Chapter 17, if the political subdivision |
�
|
submits a request for temporary continuation of funding and the |
�
|
board determines that: |
�
|
�������������(1)��the political subdivision's initial funding |
�
|
application and any amendments for a designated area were reviewed |
�
|
and approved by the board before January 1, 2007; |
�
|
�������������(2)��withholding funds would result in an undue |
�
|
hardship for occupants of the property to be served by unreasonably |
�
|
delaying the provision of adequate water or wastewater services; |
�
|
�������������(3)��withholding funds would result in inefficient use |
�
|
of local, state, or federal funds under the program; |
�
|
�������������(4)��the political subdivision has committed to take |
�
|
the necessary and appropriate actions to correct any deficiencies |
�
|
in adoption or enforcement of the model rules within the time |
�
|
designated by the board, but not later than the 90th day after the |
�
|
date the board makes the determinations under this subsection; |
�
|
�������������(5)��the political subdivision has sufficient |
�
|
safeguards in place to prevent the proliferation of colonias; and |
�
|
�������������(6)��during the 30 days after the date the board |
�
|
receives a request under this subsection, the board, after |
�
|
consulting with the attorney general, secretary of state, and |
�
|
commission, has not received an objection from any of those |
�
|
entities to the request for temporary continuation of funding. |
�
|
�������(e)��In applying Subsection (d) to applications for |
�
|
increased financial assistance, the board shall only consider areas |
�
|
that were included in the initial application, except that the |
�
|
board may reconsider the eligibility of areas that were the subject |
�
|
of a facility plan in the initial application and that may be |
�
|
determined to be eligible based on criteria in effect September 1, |
�
|
2005. |
�
|
�������(f)��The political subdivision shall take necessary and |
�
|
appropriate actions to correct any deficiencies in its adoption and |
�
|
enforcement of the model rules within the time period required by |
�
|
the board, not to exceed the 90-day period described by Subsection |
�
|
(d)(4), and provide evidence of compliance to the board. The board |
�
|
shall discontinue funding unless the board makes a determination |
�
|
based on the evidence provided that the political subdivision has |
�
|
demonstrated sufficient compliance to continue funding. |
�
|
�������(g)��Except as provided by Subsections (d)-(f), if the board |
�
|
determines that a county or city that is required to adopt and |
�
|
enforce the model rules is not enforcing the model rules, the board |
�
|
shall discontinue funding for all projects within the county or |
�
|
city that are funded under Subchapter K, Chapter 17. |
�
|
�������(h)��The board may not accept or grant applications for |
�
|
temporary funding under Subsection (d) after June 1, 2009. |
�
|
�������(i)��Subsections (d), (e), (f), (g), and (h) and this |
�
|
subsection expire September 1, 2009. |
�
|
ARTICLE 7. �RATE CLASSES FOR BILLING |
�
|
�������SECTION�7.01.��Subchapter H, Chapter 49, Water Code, is |
�
|
amended by adding Section 49.2122 to read as follows: |
�
|
�������Sec.�49.2122.��ESTABLISHMENT OF CUSTOMER CLASSES. |
�
|
(a)��Notwithstanding any other law, a district may establish |
�
|
different charges, fees, rentals, or deposits among classes of |
�
|
customers that are based on any factor the district considers |
�
|
appropriate, including: |
�
|
�������������(1)��the similarity of the type of customer to other |
�
|
customers in the class, including: |
�
|
�������������������(A)��residential; |
�
|
�������������������(B)��commercial; |
�
|
�������������������(C)��industrial; |
�
|
�������������������(D)��apartment; |
�
|
�������������������(E)��rental housing; |
�
|
�������������������(F)��irrigation; |
�
|
�������������������(G)��homeowner associations; |
�
|
�������������������(H)��builder; |
�
|
�������������������(I)��out-of-district; |
�
|
�������������������(J)��nonprofit organization; and |
�
|
�������������������(K)��any other type of customer as determined by |
�
|
the district; |
�
|
�������������(2)��the type of services provided to the customer |
�
|
class; |
�
|
�������������(3)��the cost of facilities, operations, and |
�
|
administrative services to provide service to a particular class of |
�
|
customer, including additional costs to the district for security, |
�
|
recreational facilities, or fire protection paid from other |
�
|
revenues; and |
�
|
�������������(4)��the total revenues, including ad valorem tax |
�
|
revenues and connection fees, received by the district from a class |
�
|
of customers relative to the cost of service to the class of |
�
|
customers. |
�
|
�������(b)��A district is presumed to have weighed and considered |
�
|
appropriate factors and to have properly established charges, fees, |
�
|
rentals, and deposits absent a showing that the district acted |
�
|
arbitrarily and capriciously. |
�
|
ARTICLE 8. STUDY OF ROLE OF LAKE SOMERVILLE IN ECONOMIC DEVELOPMENT |
�
|
�������SECTION�8.01.��The legislature finds that: |
�
|
�������������(1)��in 1954, the United States Congress authorized the |
�
|
construction of Lake Somerville to provide flood control, water |
�
|
conservation, and other beneficial uses for nearby areas; |
�
|
subsequently, the United States Army Corps of Engineers began |
�
|
reservoir construction in 1962 and began to impound water in 1967; |
�
|
�������������(2)��straddling the borders of Burleson, Washington, |
�
|
and Lee Counties, on Yegua Creek 20 river miles upstream from that |
�
|
creek's confluence with the Brazos River, the lake has a storage |
�
|
capacity of 337,700 acre-feet; |
�
|
�������������(3)��operation of the lake is supervised by the Fort |
�
|
Worth District of the United States Army Corps of Engineers; the |
�
|
lake is one of nine federal reservoirs that are integrated into the |
�
|
Brazos River Authority's basin-wide system and associated water |
�
|
resource development master plan; |
�
|
�������������(4)��the Brazos River Authority owns the stored water, |
�
|
a source from which it furnishes supplies to the City of Brenham |
�
|
according to a contract that was last renewed for a 10-year period |
�
|
in 2003; |
�
|
�������������(5)��also significantly involved in the region is the |
�
|
Lower Colorado River Authority, which, from its diverse mix of |
�
|
power plants, provides wholesale electricity to various |
�
|
communities as well as offering them its economic research and |
�
|
expertise; |
�
|
�������������(6)��although Lake Somerville has long been a tourist |
�
|
destination for fishing and other water recreation, the facility |
�
|
has not fully effectuated the three-county economic impact that |
�
|
originally was expected at the time that it was built; and |
�
|
�������������(7)��a study of Lake Somerville's role in economic |
�
|
development would assist in explaining why the lake has not yet had |
�
|
that impact, beyond the tourism industry, and would help to |
�
|
identify impediments that currently restrict its contribution as |
�
|
well as strategies that would better maximize its economic |
�
|
potential. |
�
|
�������SECTION�8.02.��The Brazos River Authority and the Lower |
�
|
Colorado River Authority shall: |
�
|
�������������(1)��conduct, with appropriate input from the public |
�
|
and private sectors, a joint baseline study of the role of Lake |
�
|
Somerville in the economic development of the surrounding vicinity; |
�
|
and |
�
|
�������������(2)��jointly submit a full report of their findings and |
�
|
recommendations to the 81st Legislature when that legislature |
�
|
convenes in January 2009. |
�
|
ARTICLE 9. �AGUA SPECIAL UTILITY DISTRICT |
�
|
�������SECTION�9.01.��The heading to Chapter 7201, Special District |
�
|
Local Laws Code, is amended to read as follows: |
�
|
CHAPTER 7201. AGUA [LA JOYA] SPECIAL UTILITY DISTRICT |
�
|
�������SECTION�9.02.��Section 7201.001, Special District Local Laws |
�
|
Code, is amended by amending Subdivision (3) and adding Subdivision |
�
|
(4) to read as follows: |
�
|
�������������(3)��"Director" means a member of the board. |
�
|
�������������(4)��"District" means the Agua [La Joya] Special |
�
|
Utility District. |
�
|
�������SECTION�9.03.��Subsection (c), Section 7201.002, Special |
�
|
District Local Laws Code, is amended to read as follows: |
�
|
�������(c)��The [On the effective date of the Act enacting this
|
�
|
chapter, the] corporation shall be dissolved and succeeded without |
�
|
interruption by the district as provided by Subchapter A1. |
�
|
�������SECTION�9.04.��Section 7201.005, Special District Local Laws |
�
|
Code, is amended by amending Subsections (a) and (b) and adding |
�
|
Subsection (d) to read as follows: |
�
|
�������(a)��The [boundaries of the corporation and initial
|
�
|
boundaries of the] district is composed of the territory described |
�
|
by Section 9.12 of the Act enacted by the 80th Legislature, Regular |
�
|
Session, 2007, amending this subsection [are coextensive with the
|
�
|
service areas covered by Certificates of Convenience and Necessity
|
�
|
Nos. 10559 and 20785, as recorded on the Texas Commission on
|
�
|
Environmental Quality maps associated with those certificates.
|
�
|
Those maps are incorporated in this section by reference]. |
�
|
�������(b)��The boundaries and field notes contained in Section 9.12 |
�
|
of the Act enacted by the 80th Legislature, Regular Session, 2007, |
�
|
amending this subsection form a closure.�A mistake made in the |
�
|
field notes or in copying the field notes in the legislative process |
�
|
[preparation, copying, or filing of the maps described by
|
�
|
Subsection (a) and on file with the Texas Commission on
|
�
|
Environmental Quality] does not affect: |
�
|
�������������(1)��the organization, existence, or validity of the |
�
|
district; |
�
|
�������������(2)��the right of the district to issue bonds; or |
�
|
�������������(3)��the legality or operation of the district. |
�
|
�������(d)��The territory of the district does not include and the |
�
|
district does not have jurisdiction over land that has never been in |
�
|
the service area of the corporation regardless of any erroneous |
�
|
inclusion of that land in the boundaries and field notes in Section |
�
|
9.12 of the Act enacted by the 80th Legislature, Regular Session, |
�
|
2007, amending this section. |
�
|
�������SECTION�9.05.��Section 7201.021, Special District Local Laws |
�
|
Code, is amended by amending Subsections (a), (b), and (d) and |
�
|
adding Subsection (f) to read as follows: |
�
|
�������(a)��Except as provided by this subsection, after the |
�
|
appointment of initial directors under Section 7201.051, the |
�
|
receiver for the corporation [On the effective date of the Act
|
�
|
enacting this chapter, the corporation] shall transfer the assets, |
�
|
debts, and contractual rights and obligations of the corporation, |
�
|
including all legal claims against the corporation in effect on the |
�
|
date of the transfer, to the district and provide notices and make |
�
|
recordings of the transfer required by the Water Code and general |
�
|
law. If the transfer of any debt requires the permission of the |
�
|
lender, the receiver shall initiate proceedings to obtain that |
�
|
permission. |
�
|
�������(b)��In accordance with the orders of the receivership court |
�
|
and not [Not] later than the 30th day after the date of the transfer |
�
|
under Subsection (a), the receiver for [board of directors of] the |
�
|
corporation shall commence dissolution proceedings of the |
�
|
corporation. |
�
|
�������(d)��The receiver for [board of directors of] the corporation |
�
|
shall notify the Texas Commission on Environmental Quality of the |
�
|
dissolution of the corporation and its succession in interest by |
�
|
[the creation of] the district in order [to replace it] to effect |
�
|
the transfer of Certificates of Convenience and Necessity Nos. |
�
|
10559 and 20785 to the district. |
�
|
�������(f)��After the Texas Commission on Environmental Quality |
�
|
takes the action required by Subsection (e), the court shall |
�
|
terminate the receivership. |
�
|
�������SECTION�9.06.��Section 7201.022, Special District Local Laws |
�
|
Code, is amended to read as follows: |
�
|
�������Sec.�7201.022.��EXPIRATION OF SUBCHAPTER. This subchapter |
�
|
expires September 1, 2012 [2008]. |
�
|
�������SECTION�9.07.��Section 7201.051, Special District Local Laws |
�
|
Code, is amended to read as follows: |
�
|
�������Sec.�7201.051.��APPOINTMENT OF INITIAL [TEMPORARY] |
�
|
DIRECTORS. �(a)��As soon as practicable after the effective date of |
�
|
the Act enacted by the 80th Legislature, Regular Session, 2007, |
�
|
amending this section, seven initial directors shall be appointed |
�
|
as provided by this section [The directors of the corporation who
|
�
|
hold office on the effective date of the Act enacting this chapter
|
�
|
shall serve as the temporary directors of the district until
|
�
|
successor directors are elected and qualify for office]. |
�
|
�������(b)��To be eligible to be appointed as an initial director, |
�
|
an individual must meet the same requirements as a candidate for an |
�
|
elected position as director under Section 7201.052. The initial |
�
|
directors shall be appointed as follows: |
�
|
�������������(1)��one director to represent the residents of the |
�
|
district in the City of Mission appointed by the governing body of |
�
|
that city; |
�
|
�������������(2)��one director to represent the residents of the |
�
|
district in the City of Palmview appointed by the governing body of |
�
|
that city; |
�
|
�������������(3)��one director to represent the residents of the |
�
|
district in the City of Penitas appointed by the governing body of |
�
|
that city; |
�
|
�������������(4)��one director to represent the residents of the |
�
|
district in the City of Sullivan City appointed by the governing |
�
|
body of that city; and |
�
|
�������������(5)��three directors to represent the residents of the |
�
|
district outside the municipalities listed in Subdivisions (1)-(4) |
�
|
appointed by the Hidalgo County Commissioners Court [The temporary
|
�
|
directors of the district are assigned position numbers as follows:
|
�
|
�������������[(1)��Position 1, Jose Luis Trigo;
|
�
|
�������������[(2)��Position 2, Jose Guadalupe Reyna;
|
�
|
�������������[(3)��Position 3, George Barreiro;
|
�
|
�������������[(4)��Position 4, Frolian Ramirez;
|
�
|
�������������[(5)��Position 5, Russell Wicker;
|
�
|
�������������[(6)��Position 6, Benito Salinas;
|
�
|
�������������[(7)��Position 7, Manuel Ricardo Garcia;
|
�
|
�������������[(8)��Position 8, Valente Alaniz, Jr.; and
|
�
|
�������������[(9)��Position 9, Juan Lino Garza]. |
�
|
�������(c)��An initial director serves a term that expires on June 1 |
�
|
of the year in which the director's successor is elected under |
�
|
Section 7201.052 [If there is a vacancy on the temporary board of
|
�
|
directors of the district, the temporary board shall appoint a
|
�
|
person to fill the vacancy for the remainder of the term for the
|
�
|
vacated position until the applicable election under Section
|
�
|
7201.052]. |
�
|
�������SECTION�9.08.��Subchapter B, Chapter 7201, Special District |
�
|
Local Laws Code, is amended by adding Sections 7201.0512 and |
�
|
7201.0513 to read as follows: |
�
|
�������Sec.�7201.0512.��INITIAL BOARD TRAINING. (a)��Not later |
�
|
than the 60th day after the first date on which all of the initial |
�
|
directors have been appointed, each initial director shall complete |
�
|
at least 12 hours of training on district management and compliance |
�
|
with laws applicable to the district as determined by the receiver |
�
|
for the corporation. |
�
|
�������(b)��The district shall reimburse an initial director for the |
�
|
reasonable expenses incurred by the director in attending the |
�
|
training. |
�
|
�������Sec.�7201.0513.��EDUCATION PROGRAM. (a)��Before the first |
�
|
election of directors under Section 7201.052, the initial board |
�
|
shall establish a program of education for directors that includes |
�
|
information on: |
�
|
�������������(1)��the history of the district; |
�
|
�������������(2)��the district's enabling legislation; |
�
|
�������������(3)��Chapters 49 and 65, Water Code, and other laws that |
�
|
apply to the district, including the requirements of the: |
�
|
�������������������(A)��open meetings law, Chapter 551, Government |
�
|
Code; and |
�
|
�������������������(B)��public information law, Chapter 552, |
�
|
Government Code; |
�
|
�������������(4)��relevant legal developments related to water |
�
|
district governance; |
�
|
�������������(5)��the duties and responsibilities of the board; |
�
|
�������������(6)��the requirements of conflict of interest laws and |
�
|
other laws relating to public officials; and |
�
|
�������������(7)��any applicable ethics policies adopted by the |
�
|
Texas Commission on Environmental Quality or the Texas Ethics |
�
|
Commission. |
�
|
�������(b)��The district shall pay any costs associated with the |
�
|
development of the education program from district revenue. |
�
|
�������(c)��The education program may include training provided by |
�
|
an organization offering courses that have been approved by the |
�
|
Texas Commission on Environmental Quality. |
�
|
�������(d)��The board may adopt bylaws modifying the education |
�
|
program as necessary to meet district needs. |
�
|
�������SECTION�9.09.��Section 7201.052, Special District Local Laws |
�
|
Code, is amended to read as follows: |
�
|
�������Sec.�7201.052.��BOARD OF DIRECTORS. (a)��Except as provided |
�
|
by Subsection (l), the [The] district shall be governed by a board |
�
|
of seven [not fewer than nine and not more than 11] directors, |
�
|
elected as follows: |
�
|
�������������(1)��one director elected by the voters of the part of |
�
|
the City of Mission inside the district to represent that part of |
�
|
the city; |
�
|
�������������(2)��one director elected by the voters of the City of |
�
|
Palmview to represent that city; |
�
|
�������������(3)��one director elected by the voters of the City of |
�
|
Penitas to represent that city; |
�
|
�������������(4)��one director elected by the voters of the City of |
�
|
Sullivan City to represent that city; and |
�
|
�������������(5)��three directors elected at-large to numbered |
�
|
positions on the board by the district voters who do not reside in |
�
|
any of the municipalities listed in Subdivisions (1)-(4) to |
�
|
represent the part of the district that is not included in those |
�
|
municipalities, unless the number of at-large directors is |
�
|
increased under Subsection (l) [in accordance with Section 49.103,
|
�
|
Water Code, notwithstanding Subsection (f)(2) of that section]. |
�
|
�������(b)��A [Except for a temporary director under Section
|
�
|
7201.051, a] candidate for one of the numbered [a position as] |
�
|
director positions: |
�
|
�������������(1)��[is elected at large to represent the entire
|
�
|
service area of the district;
|
�
|
�������������[(2)]��must reside in the part of the service area of |
�
|
the district that is not included in any of the municipalities |
�
|
listed in Subsections (a)(1)-(4); and |
�
|
�������������(2)�[(3)]��must be eligible to hold office under |
�
|
Section 141.001, Election Code. |
�
|
�������(c)��A candidate for one of the director positions |
�
|
representing a municipality listed in Subsection (a)(1), (2), (3), |
�
|
or (4): |
�
|
�������������(1)��must reside in the municipality the candidate |
�
|
seeks to represent; and |
�
|
�������������(2)��must be eligible to hold office under Section |
�
|
141.001, Election Code. |
�
|
�������(d)��It is the policy of the district that the directors |
�
|
shall represent and reside in as broad a cross-section of the |
�
|
geographic area of the district as possible. |
�
|
�������(e)�[(d)]��The district shall fill a vacancy on the board in |
�
|
accordance with Section 49.105, Water Code. |
�
|
�������(f)�[(e)]��Except for the initial [temporary] directors |
�
|
appointed [listed] under Section 7201.051 or elected at the first |
�
|
election under Subsection (g), directors serve staggered terms of |
�
|
four [three] years. |
�
|
�������(g)�[(f)]��On the uniform election date in May 2008, or in |
�
|
May 2010, if the election is postponed under Subsection (h), the |
�
|
district shall hold an election to elect seven directors. On the |
�
|
[2006, and on that] uniform election date in May of each |
�
|
even-numbered [every third] year after that date, the district |
�
|
shall hold an election to elect the appropriate number of [three] |
�
|
directors [to serve in positions 1, 4, and 7]. |
�
|
�������(h)��The initial board by order may postpone until the |
�
|
uniform election date in May 2010 the first election for directors |
�
|
under Subsection (g) if the initial board determines that there is |
�
|
not sufficient time to comply with the requirements of law and to |
�
|
order the election of directors to be held on the first uniform |
�
|
election date specified by that subsection. |
�
|
�������(i)��The directors elected at the first election under |
�
|
Subsection (g) shall cast lots to determine which three directors |
�
|
shall serve terms expiring June 1 of the first even-numbered year |
�
|
after the year in which the directors are elected and which four |
�
|
directors shall serve terms expiring June 1 of the second |
�
|
even-numbered year after the year in which the directors are |
�
|
elected. |
�
|
�������(j)��A director may not serve consecutive terms. |
�
|
�������(k)��A person who has served as a member of the board of |
�
|
directors of the corporation is not eligible to serve as a district |
�
|
director. |
�
|
�������(l)��If, before the expiration of the term of a director |
�
|
elected to represent a municipality under Subsection (a)(1), (2), |
�
|
(3), or (4), the district determines that all of the incorporated |
�
|
territory of the municipality is outside the boundaries of the |
�
|
district, the position immediately becomes an at-large numbered |
�
|
position to be filled at the next general election of the district |
�
|
in accordance with Subsections (a)(5) and (b) [(g)
�
�
On the uniform
|
�
|
election date in May 2007, and on that uniform election date every
|
�
|
third year after that date, the district shall hold an election to
|
�
|
elect three directors to serve in positions 2, 3, and 5.
|
�
|
�������[(h)
�
�
On the uniform election date in May 2008, and on that
|
�
|
uniform election date every third year after that date, the
|
�
|
district shall hold an election to elect three directors to serve in
|
�
|
positions 6, 8, and 9]. |
�
|
�������SECTION�9.10.��Subchapter B, Chapter 7201, Special District |
�
|
Local Laws Code, is amended by adding Sections 7201.053 and |
�
|
7201.054 to read as follows: |
�
|
�������Sec.�7201.053.��DISTRICT TREASURER. (a)��The board shall |
�
|
elect from among its members one director to serve as district |
�
|
treasurer. |
�
|
�������(b)��The district treasurer shall comply with the training |
�
|
requirements provided by Section 49.1571, Water Code, for an |
�
|
investment officer of a district. |
�
|
�������Sec.�7201.054.��EDUCATION FOR DIRECTORS. (a)��Except for an |
�
|
initial director whose term expires in 2008, each director shall |
�
|
complete the education program established under Section 7201.0513 |
�
|
before the first anniversary of the date on which the director was |
�
|
appointed or elected. |
�
|
�������(b)��The district shall reimburse a director for the |
�
|
reasonable expenses incurred by the director in attending the |
�
|
education program. |
�
|
�������(c)��A director who is elected to serve a subsequent term |
�
|
shall fulfill the education requirements specified by district |
�
|
bylaws. |
�
|
�������SECTION�9.11.��Section 7201.206, Special District Local Laws |
�
|
Code, is amended to read as follows: |
�
|
�������Sec.�7201.206.��RATES AND FEES FOR SERVICES. (a)��The |
�
|
district, in connection with water or sewer retail public utility |
�
|
services, shall establish lifeline, senior citizen, or minimum |
�
|
consumption level rates for services. The rate impact of such |
�
|
services shall be allocated on the basis of costs of services to |
�
|
achieve conservation principles, while securing necessary reserves |
�
|
for the payment of operating expenses, sinking funds, principal, |
�
|
interest, and debt coverage factors, and any other objective |
�
|
established by the district's annual budget. |
�
|
�������(b)��Chapter 395, Local Government Code, does not apply to |
�
|
any fee, charge, or assessment that, before the corporation's |
�
|
dissolution and conversion to a district, is adopted by the |
�
|
receiver for the purpose of generating revenue to fund or recoup the |
�
|
costs of capital improvements or facility expansions necessitated |
�
|
by and attributable to new developments. |
�
|
�������(c)��Notwithstanding Subsection (b), beginning on December |
�
|
31, 2009, the district may not impose any fee, charge, or assessment |
�
|
that, before the corporation's dissolution and conversion to a |
�
|
district, is adopted by the receiver for the purpose of generating |
�
|
revenue to fund or recoup the costs of capital improvements or |
�
|
facility expansions necessitated by and attributable to new |
�
|
developments unless the district readopts the fee, charge, or |
�
|
assessment or adopts a new fee, charge, or assessment in accordance |
�
|
with Chapter 395, Local Government Code. This subsection does not |
�
|
apply to a retail water or sewer rate adopted by the receiver or the |
�
|
district. |
�
|
�������SECTION�9.12.��(a)��Except�for the areas excluded under |
�
|
Subsection (b) of this section, the boundaries of the Agua Special |
�
|
Utility District are as follows: |
�
|
�������Beginning at a point in the centerline of FM 495 (Mile 1 Road) |
�
|
a distance of approximately .18 miles west of the intersection of FM |
�
|
495 and Inspiration Road. |
�
|
�������Thence due north approximately 1.0 miles to a point |
�
|
approximately 166 feet south of the centerline of Mile 2 Road and |
�
|
approximately .18 miles west of the intersection of Mile 2 Road and |
�
|
Inspiration Road |
�
|
�������Thence follow west along a straight westerly line |
�
|
approximately 180 feet south of Mile 2 Road approximately .51 miles |
�
|
to a point in the centerline of Schubach Road. |
�
|
�������Following westerly in a straight line approximately .78 miles |
�
|
to the centerline of Bentsen Palm Drive. |
�
|
�������From the point at the centerline of Bentsen Palm Road |
�
|
continue westerly approximately .78 miles to a point at 26 15 00 |
�
|
latitude and -98 22 10 longitude. |
�
|
�������Turn right and due north and follow approximately 7.0 miles |
�
|
in a northerly direction .10 miles west and parallel to Bentsen Palm |
�
|
Drive to a point at 226 21 04 latitude and -98 21 06 longitude. |
�
|
�������Turn left and follow westerly along a straight line a |
�
|
distance of approximately 1.66 miles to the intersection of Abram |
�
|
Road and 9 Mile Road. |
�
|
�������Follow along the centerline of 9 Mile Road westerly |
�
|
approximately 1.65 miles to its intersection with Iowa Avenue. � |
�
|
(Latitude: 26 21 31, Longitude: -98 24 16) |
�
|
�������Continue westerly along a straight line from latitude 26 21 |
�
|
31, longitude -98 24 16 approximately 3.79 miles to the center line |
�
|
of FM 2221 ( Jara Chinas Road) |
�
|
�������Thence due south along FM 2221 ( Jara Chinas Road) |
�
|
approximate distance of 8.02 Miles to a point approximately .75 |
�
|
miles north of the Intersection of Expressway 83 and FM 2221( Jara |
�
|
Chinas Road) |
�
|
�������Thence at a distance of approximately .75 miles north of the |
�
|
centerline of Expressway 83 due west to northwest approximately 4 |
�
|
miles following along the same contour as Expressway 83 to the |
�
|
centerline of El Faro Road from a point .62 miles east of the |
�
|
intersection of El Faro Road and Expressway 83. |
�
|
�������Turn right and follow due north down the centerline of El Faro |
�
|
Road until its end and continue northerly for a total of |
�
|
approximately 2.79 miles to a point at latitude 26 19 13 and |
�
|
longitude -98 32 40. |
�
|
�������Turn left and follow northwesterly in a straight line along |
�
|
the east side of 16 Mile Road (Starr County) approximately 1.87 |
�
|
miles to a point located at 26 19 30 latitude and -98 34 27 |
�
|
longitude. |
�
|
�������Turn right and follow northeasterly in a straight line |
�
|
approximately 1.02 miles to a point located at 26 20 22 latitude and |
�
|
-98 34 17 longitude. |
�
|
�������Turn right and follow southeasterly in a straight line |
�
|
approximately 1.26 miles to a point located at 26 20 22 latitude and |
�
|
-98 33 05 longitude. |
�
|
�������Turn right and follow northeasterly in a straight line along |
�
|
the west side of County Line Road (Starr County) approximately .61 |
�
|
miles to a point located at 26 20 43 latitude and -98 32 60 |
�
|
longitude. |
�
|
�������Turn left and follow northwesterly in a straight line |
�
|
approximately 1.26 miles to a point located at 26 20 53 latitude and |
�
|
-98 34 12 longitude. |
�
|
�������Turn right and follow northeasterly in a straight line along |
�
|
the east side of 16 Mile Road (Starr County) approximately 1.32 |
�
|
miles to a point located at 26 22 02 latitude and -98 33 59 |
�
|
longitude. |
�
|
�������Turn left and follow northwesterly in a straight line |
�
|
approximately .55 miles to a point located at 26 22 07 latitude and |
�
|
-98 34 30 longitude. |
�
|
�������Turn left and follow southwesterly in a straight line |
�
|
approximately 6.17 miles to a point located at 26 16 48 latitude and |
�
|
-98 35 29 longitude. |
�
|
�������Turn left and follow southeasterly in a straight line |
�
|
approximately .91 miles to a point located at 26 16 30 latitude and |
�
|
-98 34 40 longitude, near the Hidalgo-Starr County line. |
�
|
�������Turn right and follow southwesterly along the Hidalgo-Starr |
�
|
County line approximately 1.28 miles to its intersection with the |
�
|
Rio Grande River (U.S. side). |
�
|
�������Thence due south approximately 7.77 miles to the northern |
�
|
winding banks (U.S. side) of the Rio Grande River |
�
|
�������Thence east along the northern winding banks ( US side ) of |
�
|
the Rio Grande River approximately 22 miles to a point |
�
|
approximately 1.16 miles south of Greene Road |
�
|
�������Thence from that center line on Bentsen Park Road |
�
|
approximately .82 miles east northeast to the centerline of |
�
|
Breyfogle/Shuerbach Road |
�
|
�������Turn left and follow westerly in a straight line |
�
|
approximately .56 miles to a point located 26 11 20 latitude and -98 |
�
|
22 30 longitude. |
�
|
�������Turn left and follow southerly in a straight line |
�
|
approximately .50 miles to the centerline of Miltary Road. |
�
|
�������Turn right and follow northerly and then northwesterly along |
�
|
the north side of Military Road approximately .36 miles to its |
�
|
intersection with Farm-to-Market Road 2062. |
�
|
�������Turn left and follow southerly along Farm-to-Market Road 2062 |
�
|
approximately .16 miles to a point located at 26 11 02 latitude and |
�
|
-98 22 46 longitude. |
�
|
�������Turn right and follow northerly, westerly, southerly, |
�
|
southwesterly, northerly, westerly and then southwesterly for |
�
|
approximately 1.27 miles to a point located at 26 11 11 latitude and |
�
|
-98 23 38 longitude running just north of Park Road 43. |
�
|
�������Turn right and follow northeasterly along a straight line for |
�
|
approximately .71 miles to the north side of Military Road. |
�
|
�������Turn left and follow along westerly approximately .44 miles |
�
|
along the north side of Military Road to its intersection with |
�
|
Goodwin Road. |
�
|
�������Turn right and follow northerly along the centerline of |
�
|
Goodwin Road approximately .33 miles to a point located at 26 12 07 |
�
|
latitude and -98 23 53 longitude. |
�
|
�������Turn right and follow easterly, northerly, easterly and then |
�
|
southeasterly approximately .78 miles to the intersection with |
�
|
Green Road. |
�
|
�������Turn left and follow northerly along the centerline of Green |
�
|
Road approximately .32 miles. |
�
|
�������Turn right and follow easterly and then southwesterly |
�
|
approximately 1.16 miles to the north side of Military Road at |
�
|
points 26 11 42 latitude and -98 23 16 longitude. |
�
|
�������Turn left and follow southeasterly along the north side of |
�
|
Military Road approximately 0.07 miles to a point located at 26 11 |
�
|
40 latitude and -98 23 13 longitude. |
�
|
�������Turn left and follow northeasterly, northerly, |
�
|
northeasterly, northerly, northeasterly, easterly, southerly and |
�
|
then easterly approximately 2.04 miles to the centerline of |
�
|
Shuebach Road/Airfield Road |
�
|
�������Turn left and follow northeasterly along the centerline of |
�
|
Airfield Road approximately 1.48 miles to its intersection with |
�
|
U.S. Highway 83 Business. |
�
|
�������Turn right and follow easterly along the centerline of U.S. |
�
|
Highway 83 Business approximately .27 miles to its intersection |
�
|
with Moorefield Road. |
�
|
�������Turn left and follow northerly along the centerline of |
�
|
Moorefield Road approximately .32 miles to a point located at 26 13 |
�
|
23 latitude and -98 21 21 longitude. |
�
|
�������Make a slight right and follow northeasterly and then |
�
|
northerly along the west banks of the Edinburg Main Canal |
�
|
approximately .66 miles to that point on the centerline of FM 495 |
�
|
the beginning (Mile 1 Road) a distance of approximately .18 miles |
�
|
west of the intersection of FM 495 and Inspiration Road to Close. |
�
|
�������(b)��The territory of the Agua Special Utility District does |
�
|
not include the area within the city limits of La Joya, Texas, as it |
�
|
existed on January 1, 1991; the area within the Certificate of |
�
|
Convenience and Necessity of Hidalgo County Municipal Utility |
�
|
District No. 1 as reflected on the records of the Texas Commission |
�
|
on Environmental Quality as of January 1, 2007; and the area within |
�
|
the following boundary lines, which lie wholly within the district: |
�
|
�������Beginning at a point located at 26 14 57 Latitude and -98 25 |
�
|
55 Longitude follow in a northwesterly direction along an unnamed |
�
|
creek approximately .23 Miles to a point located at 26 15 03 |
�
|
Latitude and -98 26 05 Longitude. |
�
|
�������From the point located at 26 15 03 Latitude and -98 26 05 |
�
|
Longitude follow in a westerly direction along an unnamed creek |
�
|
approximately .24 Miles to a point located at 26 15 04 Latitude and |
�
|
-98 26 19 Longitude. |
�
|
�������From the point located at 26 15 04 Latitude and -98 26 19 |
�
|
Longitude turn right and follow in a straight line northeasterly |
�
|
approximately .97 Miles to a point located at 26 15 54 Latitude and |
�
|
-98 26 09 Longitude. |
�
|
�������From the point located at 26 15 54 Latitude and -98 26 09 |
�
|
Longitude turn right and follow in a straight line |
�
|
easterly-southeasterly approximately .43 Miles to a point located |
�
|
at 26 15 50 Latitude and -98 25 45 Longitude. |
�
|
�������From a point located at 26 15 50 Latitude and -98 25 45 |
�
|
Longitude turn right and follow in a straight line southwesterly |
�
|
approximately 1.03 Miles to a point located at 26 14 57 Latitude and |
�
|
-98 25 55 Longitude and Place of Beginning. |
�
|
�������SECTION�9.13.��Initial directors of the board of the Agua |
�
|
Special Utility District shall be appointed in accordance with |
�
|
Section 7201.051, Special District Local Laws Code, as amended by |
�
|
this Act, as soon as practicable after the effective date of this |
�
|
Act. |
�
|
�������SECTION�9.14.��Except as otherwise provided by Chapter 7201, |
�
|
Special District Local Laws Code, as amended by this Act, the Agua |
�
|
Special Utility District is subject to: |
�
|
�������������(1)��any judicial or administrative order imposing an |
�
|
injunction against the La Joya Water Supply Corporation that is in |
�
|
effect on the date of the transfer under Section 7201.021, Special |
�
|
District Local Laws Code, as amended by this Act; or |
�
|
�������������(2)��any judicial or administrative order imposing |
�
|
liability for monetary damages or a civil or administrative penalty |
�
|
against the La Joya Water Supply Corporation that: |
�
|
�������������������(A)��results from a legal proceeding that is |
�
|
pending on the date of the transfer under Section 7201.021, Special |
�
|
District Local Laws Code, as amended by this Act; or |
�
|
�������������������(B)��is unsatisfied on the date of the transfer |
�
|
under Section 7201.021, Special District Local Laws Code, as |
�
|
amended by this Act. |
�
|
�������SECTION�9.15.��(a)��The legal notice of the intention to |
�
|
introduce the article of this Act that amends Chapter 7201, Special |
�
|
District Local Laws Code, setting forth the general substance of |
�
|
the article, has been published as provided by law, and the notice |
�
|
and a copy of the 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 article to the |
�
|
Texas Commission on Environmental Quality. |
�
|
�������(c)��The Texas Commission on Environmental Quality has filed |
�
|
its recommendations relating to 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�9.16.��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, 2007. |
�
|
ARTICLE 10. �TRUE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 |
�
|
�������SECTION�10.01.��Subtitle F, Title 6, Special District Local |
�
|
Laws Code, is amended by adding Chapter 8269 to read as follows: |
�
|
CHAPTER 8269. TRUE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 |
�
|
SUBCHAPTER A. GENERAL PROVISIONS |
�
|
�������Sec.�8269.001.��DEFINITIONS. In this chapter: |
�
|
�������������(1)��"Board" means the board of directors of the |
�
|
district. |
�
|
�������������(2)��"Director" means a board member. |
�
|
�������������(3)��"District" means the True Ranch Municipal Utility |
�
|
District No. 1. |
�
|
�������Sec.�8269.002.��NATURE OF DISTRICT. The district is a |
�
|
municipal utility district in Hays County created under and |
�
|
essential to accomplish the purposes of Section 59, Article XVI, |
�
|
Texas Constitution. |
�
|
�������Sec.�8269.003.��CONFIRMATION ELECTION REQUIRED. If the |
�
|
creation of the district is not confirmed at a confirmation |
�
|
election held under Section 8269.023 before September 1, 2012: |
�
|
�������������(1)��the district is dissolved September 1, 2012, |
�
|
except that: |
�
|
�������������������(A)��any debts incurred shall be paid; |
�
|
�������������������(B)��any assets that remain after the payment of |
�
|
debts shall be transferred to Hays 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 September 1, 2015. |
�
|
�������Sec.�8269.004.��FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
�
|
(a)��All land and other property in the district will benefit from |
�
|
the works and projects to be accomplished by the district under |
�
|
powers conferred by Section 59, Article XVI, Texas Constitution. |
�
|
�������(b)��The district is created to serve a public use and |
�
|
benefit. |
�
|
�������Sec.�8269.005.��INITIAL DISTRICT TERRITORY. (a)��The |
�
|
district is initially composed of the territory described by |
�
|
Section 10.02 of the Act creating this chapter. |
�
|
�������(b)��The boundaries and field notes contained in Section |
�
|
10.02 of the Act creating this chapter form a closure. A mistake |
�
|
made in the field notes or in copying the field notes in the |
�
|
legislative process does not affect: |
�
|
�������������(1)��the organization, existence, or validity of the |
�
|
district; |
�
|
�������������(2)��the right of the district to impose taxes; |
�
|
�������������(3)��the right of the district to issue bonds, notes, or |
�
|
other indebtedness or to pay the principal of and interest on a |
�
|
bond; |
�
|
�������������(4)��the validity of the district's bonds, notes, or |
�
|
other indebtedness; or |
�
|
�������������(5)��the legality or operation of the district or the |
�
|
board. |
�
|
[Sections 8269.006-8269.020 reserved for expansion] |
�
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
�
|
�������Sec.�8269.021.��TEMPORARY DIRECTORS. (a)��On or after |
�
|
September 1, 2007, a person who owns land in the district may submit |
�
|
a petition to the Texas Commission on Environmental Quality |
�
|
requesting that the commission appoint as temporary directors the |
�
|
five persons named in the petition. |
�
|
�������(b)��The commission shall appoint as temporary directors the |
�
|
five persons named in the first petition received by the commission |
�
|
under Subsection (a). |
�
|
�������(c)��If a temporary director fails to qualify for office or |
�
|
if a vacancy occurs in the office of temporary director, the vacancy |
�
|
shall be filled as provided by Section 49.105, Water Code. |
�
|
�������(d)��Temporary directors serve until the earlier of: |
�
|
�������������(1)��the date directors are elected under Section |
�
|
8269.023; or |
�
|
�������������(2)��the date this chapter expires under Section |
�
|
8269.003. |
�
|
�������Sec.�8269.022.��ORGANIZATIONAL MEETING OF TEMPORARY |
�
|
DIRECTORS. As soon as practicable after all the temporary |
�
|
directors have qualified under Section 49.055, Water Code, the |
�
|
directors shall meet at a location in the district agreeable to a |
�
|
majority of the directors. If a location cannot be agreed upon, the |
�
|
meeting shall be at the Hays County Courthouse. At the meeting, the |
�
|
temporary directors shall elect officers from among the temporary |
�
|
directors and conduct any other district business. |
�
|
�������Sec.�8269.023.��CONFIRMATION AND INITIAL DIRECTORS' |
�
|
ELECTION. (a)��The temporary directors shall hold an election to |
�
|
confirm the creation of the district and to elect five directors as |
�
|
provided by Section 49.102, Water Code. |
�
|
�������(b)��Section 41.001(a), Election Code, does not apply to a |
�
|
confirmation and initial directors' election held under this |
�
|
section. |
�
|
�������Sec.�8269.024.��INITIAL ELECTED DIRECTORS; TERMS. The |
�
|
directors elected under Section 8269.023 shall draw lots to |
�
|
determine which two serve until the first regularly scheduled |
�
|
election of directors under Section 8269.052 and which three shall |
�
|
serve until the second regularly scheduled election of directors. |
�
|
�������Sec.�8269.025.��DATE OF FIRST REGULARLY SCHEDULED ELECTION |
�
|
OF DIRECTORS. The board by order may postpone the first election |
�
|
under Section 8269.052 following the confirmation and initial |
�
|
directors' election held under Section 8269.023 if: |
�
|
�������������(1)��the election would otherwise occur not later than |
�
|
the 60th day after the date on which the confirmation election is |
�
|
held; or |
�
|
�������������(2)��the board determines that there is not sufficient |
�
|
time to comply with the requirements of law and to order the |
�
|
election. |
�
|
�������Sec.�8269.026.��EXPIRATION OF SUBCHAPTER. This subchapter |
�
|
expires September 1, 2015. |
�
|
[Sections 8269.027-8269.050 reserved for expansion] |
�
|
SUBCHAPTER B. BOARD OF DIRECTORS |
�
|
�������Sec.�8269.051.��DIRECTORS; TERMS. (a)��The district is |
�
|
governed by a board of five directors. |
�
|
�������(b)��Directors serve staggered four-year terms. |
�
|
�������Sec.�8269.052.��ELECTION OF DIRECTORS. On the uniform |
�
|
election date in May of each even-numbered year, the appropriate |
�
|
number of directors shall be elected. |
�
|
[Sections 8269.053-8269.100 reserved for expansion] |
�
|
SUBCHAPTER C. POWERS AND DUTIES |
�
|
�������Sec.�8269.101.��GENERAL POWERS AND DUTIES. The district has |
�
|
the powers and duties necessary to accomplish the purposes for |
�
|
which the district is created. |
�
|
�������Sec.�8269.102.��MUNICIPAL UTILITY DISTRICT POWERS AND |
�
|
DUTIES. The district has the powers and duties provided by the |
�
|
general law of this state, including Chapters 49 and 54, Water Code, |
�
|
applicable to municipal utility districts created under Section 59, |
�
|
Article XVI, Texas Constitution. |
�
|
�������Sec.�8269.103.��ROAD PROJECTS. (a)��To the extent |
�
|
authorized by Section 52, Article III, Texas Constitution, the |
�
|
district may construct, acquire, improve, maintain, or operate |
�
|
arterials or main feeder roads or improvements in aid of those |
�
|
roads. |
�
|
�������(b)��A road project must meet all applicable construction |
�
|
standards, zoning and subdivision requirements, and regulatory |
�
|
ordinances of the municipality or county in whose jurisdiction the |
�
|
district is located. |
�
|
�������Sec.�8269.104.��COMPLIANCE WITH MUNICIPAL CONSENT |
�
|
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section |
�
|
54.016, Water Code, the district shall comply with all valid and |
�
|
applicable requirements of any ordinance or resolution adopted by a |
�
|
municipality in the corporate limits or extraterritorial |
�
|
jurisdiction of which the district is located, including an |
�
|
ordinance or resolution adopted before September 1, 2007, that |
�
|
consents to the creation of the district or to the inclusion of |
�
|
lands within the district. |
�
|
[Sections 8269.105-8269.150 reserved for expansion] |
�
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
�
|
�������Sec.�8269.151.��ELECTIONS REGARDING TAXES OR BONDS. |
�
|
(a)��Except as provided by Section 8269.201(b), the district may |
�
|
issue, without an election, bonds and other obligations secured by |
�
|
revenue or contract payments from any source other than ad valorem |
�
|
taxation. |
�
|
�������(b)��The district must hold an election in the manner |
�
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
�
|
before the district may impose an operation and maintenance tax or |
�
|
issue bonds payable from ad valorem taxes. |
�
|
�������Sec.�8269.152.��OPERATION AND MAINTENANCE TAX. (a)��If |
�
|
authorized at an election held under Section 8269.151, the district |
�
|
may impose an operation and maintenance tax on taxable property in |
�
|
the district in accordance with Section 49.107, Water Code. |
�
|
�������(b)��The board shall determine the tax rate. The rate may not |
�
|
exceed the rate approved at the election. |
�
|
[Sections 8269.153-8269.200 reserved for expansion] |
�
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
�
|
�������Sec.�8269.201.��AUTHORITY TO ISSUE BONDS AND OTHER |
�
|
OBLIGATIONS. (a)��The district may issue bonds or other |
�
|
obligations payable wholly or partly from ad valorem taxes, impact |
�
|
fees, revenue, grants, or other district money, or any combination |
�
|
of those sources, to pay for any authorized district purpose. |
�
|
�������(b)��The district may not issue bonds to finance projects |
�
|
authorized by Section 8269.103 unless the issuance is approved by a |
�
|
vote of a two-thirds majority of the voters of the district voting |
�
|
at an election called for that purpose. |
�
|
�������(c)��Bonds or other obligations issued or incurred to finance |
�
|
projects authorized by Section 8269.103 may not exceed one-fourth |
�
|
of the assessed value of the real property in the district. |
�
|
�������Sec.�8269.202.��TAXES FOR BONDS. At the time bonds payable |
�
|
wholly or partly from ad valorem taxes are issued: |
�
|
�������������(1)��the board shall impose a continuing direct annual |
�
|
ad valorem tax, without limit as to rate or amount, for each year |
�
|
that all or part of the bonds are outstanding; and |
�
|
�������������(2)��the district annually shall impose an ad valorem |
�
|
tax on all taxable property in the district in an amount sufficient |
�
|
to: |
�
|
�������������������(A)��pay the interest on the bonds as the interest |
�
|
becomes due; |
�
|
�������������������(B)��create a sinking fund for the payment of the |
�
|
principal of the bonds when due or the redemption price at any |
�
|
earlier required redemption date; and |
�
|
�������������������(C)��pay the expenses of imposing the taxes. |
�
|
�������SECTION�10.02.��The True Ranch Municipal Utility District |
�
|
No. 1 includes all the territory contained in the following area: |
�
|
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 465.71 |
�
|
ACRES, MORE OR LESS, OF LAND AREA IN THE JOHN INGRAIM SURVEY, |
�
|
ABSTRACT NO. 256, HAYS COUNTY, TEXAS, BEING A PORTION OF THAT TRACT |
�
|
DESCRIBED AS 1279.69 ACRES IN A DEED FROM LESLIE TRUE VESPER ET AL |
�
|
TO LESLIE TRUE VESPER DATED AUGUST 10, 1992 AND RECORDED IN VOLUME |
�
|
948, PAGE 789 OF THE HAYS COUNTY OFFICIAL PUBLIC RECORDS, AND BEING |
�
|
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
�
|
�������BEGINNING at a �" iron rod found in the southwest line of R.M. |
�
|
Highway No. 2325 and that tract described as an 80' R.O.W. in a deed |
�
|
from Cecil H. Hale, et al to the State of Texas dated August 29, 1956 |
�
|
and recorded in Volume 169, Page 304 of the Hays County Deed Records |
�
|
for the most northerly northwest corner of the panhandle portion of |
�
|
this description and the Vesper 1279.69 acre tract and east corner |
�
|
of that tract described as 592.30 acres in a deed from Leslie True |
�
|
Vesper et al to Ameritrust Texas, N.A., Trustee dated August 10, |
�
|
1992 and recorded in Volume 949, Page 572 of the Hays County |
�
|
Official Public Records, from which a TXDOT concrete monument found |
�
|
bears N 69�45'42" W 162.75 feet; |
�
|
�������THENCE leaving the Ameritrust Texas 592.30 acre tract and the |
�
|
PLACE OF BEGINNING as shown on that plat numbered 24587-06-3-d |
�
|
dated May 30, 2006 prepared for Leslie Vesper by Byrn & Associates, |
�
|
Inc., of San Marcos, Texas with the common northeast line of the |
�
|
Vesper 1279.69 acre tract and southwest line of R.M. Highway No. |
�
|
2325 and the State of Texas 80' R.O.W. tract S 69�48'34" E 599.94 |
�
|
feet to a �" iron rod set for the northwest corner of that tract |
�
|
described as "Tract 1-1.00 acres" in a deed from Thomas W. Slaughter |
�
|
et ux to Randy C. Brown et ux dated February 12, 1996 and recorded in |
�
|
Volume 1206, Page 780 of the Hays County Official Public Records, |
�
|
from which A TXDOT concrete monument found bears S 69�47'57" E |
�
|
120.11 feet; |
�
|
�������THENCE leaving R.M. Highway No. 2325 and the State of Texas |
�
|
80' R.O.W. tract with the common east line of the Vesper 1279.69 |
�
|
acre tract and west and south lines of the Brown 1.00 acre Tract 1 |
�
|
the following two courses: |
�
|
�������1. �S 20�06'33" W 226.56 feet to a 2.5" pipe fence corner post |
�
|
found for corner, and |
�
|
�������S 69�41'58" E 234.42 feet to a 2" pipe fence corner post found |
�
|
in the west line of that tract described as "Tract 2-5.347 acres" in |
�
|
the previously mentioned deed to Randy C. Brown et ux for the |
�
|
southeast comer of the Brown 1.00 acre Tract 1; |
�
|
�������THENCE leaving the Brown 1.00 acre Tract 1 and continuing |
�
|
with the common east line of the Vesper 1279.69 acre tract and west |
�
|
line of the Brown 5.347 acre Tract 2, as fenced and used, the |
�
|
following three courses: |
�
|
�������S 00�10'12" E 410.74 feet to a �" iron rod set at the |
�
|
approximate centerline of an underground pipeline for angle point, |
�
|
�������S 00�04'22" E 196.11 feet to a 2.5" pipe fence post found for |
�
|
angle point, and |
�
|
�������S 00�24'09" E 15.83 feet to an iron rod found with an aluminum |
�
|
cap stamped "Pro-Tech Eng" at fence corner for the southwest corner |
�
|
of the Brown 5.347 acre Tract 2 and northwest corner of the |
�
|
remaining portion of that tract described as 187.78 acres in a deed |
�
|
from Henry Polvado & Lillie Polvado to Wesley Springs dated May 6, |
�
|
1983 and recorded in Volume 393, Page 570 of the Hays County Deed |
�
|
Records (the Brown 5.347 acre Tract 2 being a portion of the Springs |
�
|
187.78 acre tract); |
�
|
�������THENCE leaving the Brown 5.347 acre Tract 2 and continuing |
�
|
with the east line of the Vesper 1279.69 acre tract and west line of |
�
|
the Springs 187.78 acre tract, as fenced and used, the following |
�
|
three courses: |
�
|
�������S 00�00'57" E 1012.24 feet to a 2.5" pipe fence post found for |
�
|
angle point, |
�
|
�������S 00�06'57" W 908.05 feet to a 4" pipe fence corner post found |
�
|
for angle point, and |
�
|
�������S 00�03'12" E 354.80 feet to a 4" pipe fence corner post found |
�
|
for the southwest corner of the springs 187.78 acre tract and |
�
|
northwest corner of that tract described as 126.97 acres in a deed |
�
|
from Stanual W. Farris to the Stanual W. Farris Living Trust dated |
�
|
March 10, 2005 and recorded in Volume 2646, Page 385 of the Hays |
�
|
County Official Public Records; |
�
|
�������THENCE leaving the Springs 187.78 acre tract and continuing |
�
|
with the common east line of the Vesper 1279.69 acre tract and west |
�
|
line of Farris Living Trust 126.97 acre tract, as fenced and used, |
�
|
the following three courses: |
�
|
�������S 00�12'25" W 952.36 feet to a 4" pipe fence post found for |
�
|
angle point, |
�
|
�������S 00�09'57"W 1087.12 feet to a 4" cedar post found for angle |
�
|
point, and |
�
|
�������S 00�22'11" W 1072.11 feet to a �" iron rod found at fence |
�
|
corner for the southwest corner of the Farris Living Trust 126.97 |
�
|
acre tract and northwest corner of that tract described as 32.03 |
�
|
acres in a deed from Phil Harris to Shannon Harris dated April 8, |
�
|
1998 and recorded in Volume 1463, Page 335 of the Hays County |
�
|
Official Public Records; |
�
|
�������THENCE leaving the Farris Living Trust 126.97 acre tract and |
�
|
continuing with the common east line of the Vesper 1279.69 acre |
�
|
tract and west line of the Shannon Harris 32.03 acre tract, as |
�
|
fenced and used, S 00�44'10"W 120.44 feet to a 4" cedar fence corner |
�
|
post found for the southwest corner of the Shannon Harris 32.03 acre |
�
|
tract and northwest corner of that tract described as 28.92 acres in |
�
|
a deed from A.J. Farris et ux to Philip D. Farris dated July 18, 1991 |
�
|
and recorded in Volume 882, page 620 of the Hays County Official |
�
|
Public Records; |
�
|
�������THENCE leaving the Shannon Harris 32.03 acre tract and |
�
|
continuing with the common east line of the Vesper 1279.69 acre |
�
|
tract and west line of the Philip D. Farris 28.92 acre tract, as |
�
|
fenced and used, S 00�24'02" W 279.19 feet to a �" iron rod found at |
�
|
fence corner for the southeast corner of this description and |
�
|
northeast corner of that tract described as 52.30 acres in a deed |
�
|
from Leslie True Vesper to Paul R. Eastup et ux dated June 5, 1996 |
�
|
and recorded in Volume 1240, Page 309 of the Hays County Official |
�
|
Public Records (the Eastup 52.30 acre tract being a portion of the |
�
|
Vesper 1279.69 acre tract); |
�
|
�������THENCE leaving the Phillip D. Farris 28.92 acre tract and |
�
|
entering the Vesper 1279.69 acre tract with the north line of the |
�
|
Eastup 52.30 acre tract, N 87�10'57" W 1356.38 feet to a �" iron rod |
�
|
found in fence for the northwest corner of the Eastup 52.03 acre |
�
|
tract and northeast corner of that tract described as 209.16 acres |
�
|
in a deed from Leslie True Vesper to James Nicholas Edwards and Lynn |
�
|
S. Edwards dated July 6, 2005 and recorded in Volume 2719, Page 740 |
�
|
of the Hays County Official Public Record (the Edwards 209.16 acre |
�
|
tract being a portion of the Vesper 1279.69 acre tract); |
�
|
�������THENCE leaving the Eastup 52.30 acre tract with the north |
�
|
line of the Edwards 209.16 acre tract, as fenced and used, the |
�
|
following five courses: |
�
|
�������N 87�19'31" W 665.61 feet to a 4" pipe fence post found for |
�
|
angle point, |
�
|
�������N 86�58'45" W 535.67 feet to a 3" cedar fence post found for |
�
|
angle point, |
�
|
�������N 87�09'05" W 302.22 feet to a 3" cedar fence post found for |
�
|
angle point, |
�
|
�������N 87�26'23" W 724.92 feet to a 4" cedar fence post found for |
�
|
angle point, and |
�
|
�������N 86�46'01" W 426.90 feet to a �" iron rod found with a plastic |
�
|
cap stamped "Byrn Survey" in the east line of that tract described |
�
|
as 504.13 acres in a deed from Leslie True Vesper to James L. Pierce |
�
|
and David L. Pierce dated February 8, 1999 and recorded in Volume |
�
|
1500, Page 452 of the Hays County Official Public Records (the |
�
|
Pierce 504.13 acre tract being a portion of the Vesper 1279.69 acre |
�
|
tract); |
�
|
�������THENCE leaving the Edwards 209.16 acre tract with the east |
�
|
line of the Pierce 504.13 acre tract the following two courses: |
�
|
�������N 08�19'22" E 124.79 feet to a �" iron rod found with a plastic |
�
|
cap stamped "Byrn Survey" for corner, and |
�
|
�������N 87�41'56" W 751.30 feet to a �" iron rod found with a plastic |
�
|
cap stamped "Byrn Survey" for the southwest corner of this |
�
|
description, an interior corner in the east line of the Pierce |
�
|
504.13 acre tract, and the south corner of that tract described as |
�
|
10.59 acres in a deed from Leslie True Vesper to James L. Pierce and |
�
|
David L. Pierce dated June 15, 2001 and recorded in Volume 1872, |
�
|
Page 802 of the Hays County Official Public Records (the Pierce |
�
|
10.59 acre tract being a portion of the Vesper 1279.69 acre tract); |
�
|
�������THENCE leaving the Pierce 504.13 acre tract with the east |
�
|
line of Pierce 10.59 acre tract the following two courses: |
�
|
�������N 05�37'42" E (being the bearing basis for description) 734.58 |
�
|
feet to a �" iron rod found with a plastic cap stamped "Byrn Survey" |
�
|
for angle point, and |
�
|
�������N 16�12'16" E 1026.26 feet to a 16" cedar tree stump found in |
�
|
fence in the east line of the previously mentioned Pierce 504.13 |
�
|
acre tract for the north corner of the Pierce 10.59 acre tract; |
�
|
�������THENCE leaving the Pierce 10.59 acre tract and continuing |
�
|
with the east line of the Pierce 504.13 acre tract, as fenced and |
�
|
used, the following eight courses: |
�
|
�������N 20�34'38" E 42.67 feet to a 16" cedar tree stump found for |
�
|
angle point, |
�
|
�������N 15�43'09" E 241.85 feet to a 12" cedar tree stump found for |
�
|
angle point, |
�
|
�������N 08�41'46" E 86.90 feet to a 14" cedar tree stump found for |
�
|
angle point, |
�
|
�������N 07�33'58" E 244.38 feet to a 2.5" pipe fence post found for |
�
|
angle point, |
�
|
�������N 24�14'46" E 623.77 feet to a 6" cedar fence post found for |
�
|
angle point, |
�
|
�������N 24�15'46" E 420.45 feet to a 2.5" pipe fence post found for |
�
|
angle point, |
�
|
�������N 12�52'45" E 194.02 feet to a 2.5" pipe fence post found for |
�
|
angle point, and |
�
|
�������N 01�30'08" E 340.55 feet to a 4" pipe fence corner post found |
�
|
in the south line of the previously mentioned Ameritrust Texas |
�
|
592.30 acre tract and north line of the Vesper 1279.69 acre tract |
�
|
for the northeast corner of the Pierce 504.13 acre tract and |
�
|
exterior west corner of this description; |
�
|
�������THENCE leaving the Pierce 504.13 acre tract with the common |
�
|
north line of the Vesper 1279.69 acre tract, and south line of the |
�
|
Ameritrust Texas 592.30 acre tract, as fenced and used, the |
�
|
following six courses: |
�
|
�������N 73�32'00" E 130.18 feet to a 4" pipe fence post found for |
�
|
angle point, |
�
|
�������S 48�36'36" E 170.02 feet to a �" iron rod found for angle |
�
|
point, |
�
|
�������S 76�17'07" E 88.03 feet to a 4" pipe fence post found for |
�
|
angle point, |
�
|
�������S 86�44'44" E 798.24 feet to a 4" pipe fence post found for |
�
|
angle point, |
�
|
�������S 86�55'19" E 913.16 feet to a 4" pipe fence post found for |
�
|
angle point, and |
�
|
�������S 86�56'50" E 421.51 feet to a �" iron rod found for the |
�
|
southeast corner of the Ameritrust Texas 592.30 acre tract and |
�
|
southwest corner of the panhandle portion of this description and |
�
|
the Vesper 1279.69 acre tract; |
�
|
�������THENCE leaving the fence with the common west line of the |
�
|
panhandle portion of the Vesper 1279.69 acre tract and east line of |
�
|
the Ameritrust Texas 592.30 acre tract the following two courses: |
�
|
�������N 00�00'32" E 1999.62 feet to a �" iron rod found for angle |
�
|
point, and |
�
|
�������N 32�23'54" E 1152.96 feet to the PLACE OF BEGINNING. |
�
|
�������THERE are contained within these metes and bounds 465.71 |
�
|
acres, more or less, as prepared from public records and surveys |
�
|
made on the ground in 1999, 2001, 2005 and on May 30, 2006 by Byrn & |
�
|
Associates, Inc., of San Marcos, Texas. All �" iron rods set are |
�
|
capped with a plastic cap stamped "Byrn Survey". |
�
|
�������SECTION�10.03.��(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 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, one of the required recipients, has |
�
|
submitted the notice and article to the Texas Commission on |
�
|
Environmental Quality. |
�
|
�������(c)��The Texas Commission on Environmental Quality has filed |
�
|
its recommendations relating to this article 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 article are |
�
|
fulfilled and accomplished. |
�
|
�������SECTION�10.04.��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, 2007. |
�
|
ARTICLE 11. TABLEROCK GROUNDWATER CONSERVATION DISTRICT |
�
|
�������SECTION�11.01.��Subtitle H, Title 6, Special District Local |
�
|
Laws Code, is amended by adding Chapter 8823 to read as follows: |
�
|
CHAPTER 8823. TABLEROCK GROUNDWATER CONSERVATION DISTRICT |
�
|
SUBCHAPTER A. GENERAL PROVISIONS |
�
|
�������Sec.�8823.001.��DEFINITIONS. In this chapter: |
�
|
�������������(1)��"Board" means the district's board of directors. |
�
|
�������������(2)��"Director" means a board member. |
�
|
�������������(3)��"District" means the Tablerock Groundwater |
�
|
Conservation District. |
�
|
�������Sec.�8823.002.��NATURE OF DISTRICT. The district is a |
�
|
groundwater conservation district in Coryell County created under |
�
|
and essential to accomplish the purposes of Section 59, Article |
�
|
XVI, Texas Constitution. |
�
|
�������Sec.�8823.003.��CONFIRMATION ELECTION REQUIRED. (a)��If the |
�
|
creation of the district is not confirmed at a confirmation |
�
|
election held before September 1, 2012: |
�
|
�������������(1)��the district is dissolved on September 1, 2012, |
�
|
except that the district shall: |
�
|
�������������������(A)��pay any debts incurred; |
�
|
�������������������(B)��transfer to Coryell County any assets that |
�
|
remain after the payment of debts; and |
�
|
�������������������(C)��maintain the organization of the district |
�
|
until all debts are paid and remaining assets are transferred; and |
�
|
�������������(2)��this chapter expires September 1, 2012. |
�
|
�������(b)��This section expires September 1, 2012. |
�
|
�������Sec.�8823.004.��INITIAL DISTRICT TERRITORY. The initial |
�
|
boundaries of the district are coextensive with the boundaries of |
�
|
Coryell County, Texas. |
�
|
�������Sec.�8823.005.��CONSTRUCTION OF CHAPTER. This chapter shall |
�
|
be liberally construed to achieve the legislative intent and |
�
|
purposes of Chapter 36, Water Code. A power granted by Chapter 36, |
�
|
Water Code, or this chapter shall be broadly interpreted to achieve |
�
|
that intent and those purposes. |
�
|
�������Sec.�8823.006.��APPLICABILITY OF OTHER GROUNDWATER |
�
|
CONSERVATION DISTRICT LAW. Except as otherwise provided by this |
�
|
chapter, Chapter 36, Water Code, applies to the district. |
�
|
[Sections 8823.007-8823.020 reserved for expansion] |
�
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
�
|
�������Sec.�8823.021.��APPOINTMENT OF TEMPORARY DIRECTORS. |
�
|
(a)��Not later than the 45th day after the effective date of this |
�
|
chapter, five temporary directors shall be appointed as follows: |
�
|
�������������(1)��the Coryell County Commissioners Court shall |
�
|
appoint one temporary director 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 Coryell County shall appoint |
�
|
one temporary director who resides in the district to represent the |
�
|
district at large. |
�
|
�������(b)��If there is a vacancy on the temporary board, the |
�
|
authority who appointed the temporary director whose position is |
�
|
vacant shall appoint a person to fill the vacancy. |
�
|
�������(c)��Temporary directors serve until the earlier of: |
�
|
�������������(1)��the time the temporary directors become initial |
�
|
directors as provided by Section 8823.024; or |
�
|
�������������(2)��the date this chapter expires under Section |
�
|
8823.003. |
�
|
�������Sec.�8823.022.��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 Coryell County Courthouse. |
�
|
�������Sec.�8823.023.��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), (c), |
�
|
and (e)-(i), Water Code, and the Election Code. Section 36.017(d), |
�
|
Water Code, does not apply to the confirmation election. |
�
|
�������(d)��The ballot for the election must be printed in |
�
|
accordance with the Election Code and provide for voting for or |
�
|
against the proposition: "The creation of the Tablerock |
�
|
Groundwater Conservation District and the imposition of a |
�
|
maintenance tax at a rate not to exceed two cents on each $100 of |
�
|
assessed valuation of taxable property in the district." |
�
|
�������(e)��If a majority of the votes cast at the election are not |
�
|
in favor of the creation of the district, the temporary directors |
�
|
may hold a subsequent confirmation election. The subsequent |
�
|
election may not be held before the first anniversary of the date on |
�
|
which the previous election was held. |
�
|
�������(f)��The district may not impose a maintenance tax unless a |
�
|
majority of the votes cast at the election are in favor of the |
�
|
imposition of the maintenance tax. |
�
|
�������Sec.�8823.024.��INITIAL DIRECTORS. (a)��If creation of the |
�
|
district is confirmed at an election held under Section 8823.023, |
�
|
the temporary directors become the initial directors and serve for |
�
|
the terms provided by Subsection (b). |
�
|
�������(b)��The initial directors representing commissioners |
�
|
precincts 2 and 4 serve until the election of directors under |
�
|
Section 8823.025, and the initial directors representing |
�
|
commissioners precincts 1 and 3 and the at-large director serve |
�
|
until the next regularly scheduled election of directors under |
�
|
Section 8823.053. |
�
|
�������Sec.�8823.025.��INITIAL ELECTION OF DIRECTORS. On the |
�
|
uniform election date in November of the first even-numbered year |
�
|
after the year in which the creation of the district is confirmed at |
�
|
an election held under Section 8823.023, the district shall hold an |
�
|
election of two directors to replace the initial directors who, |
�
|
under Section 8823.024(b), serve until that election. |
�
|
�������Sec.�8823.026.��EXPIRATION OF SUBCHAPTER. This subchapter |
�
|
expires September 1, 2012. |
�
|
[Sections�8823.027-8823.050 reserved for expansion] |
�
|
SUBCHAPTER B. �BOARD OF DIRECTORS |
�
|
�������Sec.�8823.051.��DIRECTORS; TERMS. (a)��The district is |
�
|
governed by a board of five directors. |
�
|
�������(b)��Directors serve staggered four-year terms. |
�
|
�������Sec.�8823.052.��METHOD OF ELECTING DIRECTORS. One director |
�
|
is elected from each county commissioners precinct in Coryell |
�
|
County and one director is elected at large. |
�
|
�������Sec.�8823.053.��ELECTION DATE. The district shall hold an |
�
|
election in the district to elect directors on the uniform election |
�
|
date in November of each even-numbered year. |
�
|
�������Sec.�8823.054.��QUALIFICATIONS FOR ELECTION. (a)��To be |
�
|
qualified for election as a director, a person must reside in the |
�
|
district. |
�
|
�������(b)��To be qualified for election as a director from a |
�
|
precinct, a person must reside in that precinct. |
�
|
[Sections 8823.055-8823.100 reserved for expansion] |
�
|
SUBCHAPTER C. POWERS AND DUTIES |
�
|
�������Sec.�8823.101.��GROUNDWATER CONSERVATION DISTRICT POWERS |
�
|
AND DUTIES. Except as provided by this chapter, the district has |
�
|
the powers and duties provided by the general law of this state, |
�
|
including Chapter 36, Water Code, and Section 59, Article XVI, |
�
|
Texas Constitution, applicable to groundwater conservation |
�
|
districts. |
�
|
�������Sec.�8823.102.��REGISTRATION AND REPORTING REQUIREMENTS FOR |
�
|
CERTAIN EXEMPT WELLS. The district may adopt rules that require the |
�
|
owner or operator of a well or class of wells exempt from permitting |
�
|
under Section 36.117, Water Code, to register the well with the |
�
|
district and, if the well is not exempt under Section 36.117(b)(1), |
�
|
Water Code, to report groundwater withdrawals from the well using |
�
|
reasonable and appropriate reporting methods and frequency. |
�
|
�������Sec.�8823.103.��WELL SPACING RULES; EXEMPTIONS. (a)��Except |
�
|
as provided by Subsection (b), the district shall exempt from the |
�
|
well spacing requirements adopted by the district any well that is |
�
|
completed on or before the effective date of those requirements. |
�
|
�������(b)��The district may provide by rule that a well may lose its |
�
|
exemption under this section if the well is modified in a manner |
�
|
that substantially increases the capacity of the well after the |
�
|
effective date of the well spacing requirements adopted by the |
�
|
district. |
�
|
�������(c)��Except as provided by this section, the district may |
�
|
require any well or class of wells exempt from permitting under |
�
|
Chapter 36, Water Code, to comply with the well spacing |
�
|
requirements adopted by the district. The district shall apply |
�
|
well spacing requirements uniformly to any well or class of wells |
�
|
based on the size or capacity of the well and without regard to the |
�
|
type of use of the groundwater produced by the well. |
�
|
�������Sec.�8823.104.��ADOPTION OF RULES AND ISSUANCE OF PERMITS. |
�
|
Before the district adopts a management plan, the district may |
�
|
adopt rules and issue permits. |
�
|
�������Sec.�8823.105.��CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. |
�
|
(a)��The district and another governmental entity, including a |
�
|
river authority located in the district, may contract for the |
�
|
performance by that entity of a district function. |
�
|
�������(b)��The district may accept a loan from Coryell County to |
�
|
pay for any initial costs of the district, including costs related |
�
|
to a confirmation election. |
�
|
�������Sec.�8823.106.��NO EMINENT DOMAIN POWER. The district may |
�
|
not exercise the power of eminent domain. |
�
|
�������Sec.�8823.107.��DISTRICT TERRITORY REQUIREMENTS; |
�
|
DISSOLUTION OF DISTRICT. (a)��On September 1, 2011, the district |
�
|
boundaries must include at least one county adjacent to Coryell |
�
|
County. |
�
|
�������(b)��As soon as practicable after September 1, 2011, the |
�
|
Texas Commission on Environmental Quality shall determine whether |
�
|
the district complies with Subsection (a). |
�
|
�������(c)��If the Texas Commission on Environmental Quality |
�
|
determines that the district does not comply with Subsection (a), |
�
|
the commission shall dissolve the district in accordance with |
�
|
Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310, Water |
�
|
Code, regardless of whether the district meets the criteria for |
�
|
dissolution under Section 36.304(a), Water Code. |
�
|
�������(d)��This section expires September 1, 2013. |
�
|
[Sections 8823.108-8823.150 reserved for expansion] |
�
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
�
|
�������Sec.�8823.151.��REVENUE. To pay the maintenance and |
�
|
operating costs of the district and to pay any bonds or notes issued |
�
|
by the district, the district may: |
�
|
�������������(1)��impose an ad valorem tax at a rate that: |
�
|
�������������������(A)��is approved by a majority of district voters |
�
|
voting at an election held for that purpose; and |
�
|
�������������������(B)��does not exceed two cents on each $100 of |
�
|
assessed valuation of taxable property in the district; |
�
|
�������������(2)��assess fees for services or for water withdrawn |
�
|
from nonexempt wells; or |
�
|
�������������(3)��solicit and accept grants from any private or |
�
|
public source. |
�
|
[Sections 8823.152-8823.200 reserved for expansion] |
�
|
SUBCHAPTER E. DISSOLUTION |
�
|
�������Sec.�8823.201.��ELECTION FOR DISSOLUTION. (a)��If the |
�
|
district has no outstanding bond or other long-term indebtedness, |
�
|
the district may be dissolved by a favorable vote of a majority of |
�
|
the registered voters of the district at an election held for that |
�
|
purpose. |
�
|
�������(b)��The board shall hold a dissolution election if the board |
�
|
receives a petition for dissolution signed by at least 50 percent of |
�
|
the registered voters in the district as computed by using the list |
�
|
of registered voters for Coryell County. |
�
|
�������(c)��If the district is dissolved under this section, the |
�
|
board shall: |
�
|
�������������(1)��notify the Texas Commission on Environmental |
�
|
Quality and the secretary of state of the dissolution; and |
�
|
�������������(2)��transfer title to any assets of the district to |
�
|
Coryell County. |
�
|
�������SECTION�11.02.��(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 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 article to the |
�
|
Texas Commission on Environmental Quality. |
�
|
�������(c)��The Texas Commission on Environmental Quality has filed |
�
|
its recommendations relating to 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. |
�
|
ARTICLE�12.��EDWARDS AQUIFER AUTHORITY |
�
|
�������SECTION�12.01.��Section 1.11, Chapter 626, Acts of the 73rd |
�
|
Legislature, Regular Session, 1993, is amended by amending |
�
|
Subsection (f) and adding Subsections (f-1) and (f-2) 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 other method of recharge project and |
�
|
associated facilities, structures, or works but does not include a |
�
|
facility to recirculate water at Comal or San Marcos Springs. |
�
|
�������(f-1)��The authority shall provide written notice of the |
�
|
intent to own, finance, design, construct, operate, or maintain |
�
|
recharge facilities to: |
�
|
�������������(1)��each groundwater conservation district in the area |
�
|
in which the recharge facility will be located; |
�
|
�������������(2)��the mayor of each municipality in the area in which |
�
|
the recharge facility will be located; |
�
|
�������������(3)��the county judge of each county in the area in |
�
|
which the recharge facility will be located; and |
�
|
�������������(4)��each member of the legislature who represents the |
�
|
area in which the proposed recharge facility will be located. |
�
|
�������(f-2)��Any entity within the county in which a recharge |
�
|
facility is to be constructed shall be provided opportunity for |
�
|
input and allowed to provide proposals for partnering with the |
�
|
authority to own, finance, design, construct, operate, or maintain |
�
|
the recharge facility. |
�
|
�������SECTION�12.02.��Subsections (a), (c), (e), (f), and (h), |
�
|
Section 1.14, Chapter 626, Acts of the 73rd Legislature, Regular |
�
|
Session, 1993, are amended 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)��recognize the extent of the hydro-geologic |
�
|
connection and interaction between surface water and groundwater; |
�
|
�������������(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 or be less than 572,000 [400,000] |
�
|
acre-feet of water for each calendar year, which is the sum of all |
�
|
regular permits issued or for which an application was filed and |
�
|
issuance was pending action by the authority as of January 1, 2005. |
�
|
�������(e)��The authority may not allow withdrawals from the aquifer |
�
|
through wells drilled after June 1, 1993, except for replacement, |
�
|
test, or exempt wells or to the extent that the authority approves |
�
|
an amendment to an initial regular permit to authorize a change in |
�
|
the point of withdrawal under that permit [additional water as
|
�
|
provided by Subsection (d) and then on an interruptible basis]. |
�
|
�������(f)��If the level of the aquifer is equal to or greater than |
�
|
660 [650] feet above mean sea level as measured at Well J-17, the |
�
|
authority may authorize withdrawal from the San Antonio pool, on an |
�
|
uninterruptible basis, of permitted amounts. If the level of the |
�
|
aquifer is equal to or greater than 845 feet at Well J-27, the |
�
|
authority may authorize withdrawal from the Uvalde pool, on an |
�
|
uninterruptible basis, of permitted amounts. [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 to achieve other purposes |
�
|
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 adjustments to [reductions in] the amount |
�
|
of water that may be used or withdrawn by existing users or |
�
|
categories of other users, including adjustments in accordance with |
�
|
the authority's critical period management plan established under |
�
|
Section 1.26 of this article; or |
�
|
�������������(2)��implementation of alternative management |
�
|
practices, procedures, and methods. |
�
|
�������SECTION�12.03.��Subsection (g), Section 1.16, Chapter 626, |
�
|
Acts of the 73rd Legislature, Regular Session, 1993, is amended to |
�
|
read as follows: |
�
|
�������(g)��The authority shall issue an initial regular permit |
�
|
without a term, and an initial regular permit remains in effect |
�
|
until the permit is abandoned or[,] cancelled[, or retired]. |
�
|
�������SECTION�12.04.��Subsection (b), Section 1.19, 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: |
�
|
�������������(1)��the level of the aquifer is higher than 675 [665] |
�
|
feet above sea level, as measured at Well J-17; |
�
|
�������������(2)��the flow at Comal Springs as determined by Section |
�
|
1.26(c) of this article is greater than 350 cubic feet per second; |
�
|
and |
�
|
�������������(3)��the flow at San Marcos Springs as determined by |
�
|
Section 1.26(c) of this article is greater than 200 cubic feet per |
�
|
second. |
�
|
�������SECTION�12.05.��Subsection (a), Section 1.22, Chapter 626, |
�
|
Acts of the 73rd Legislature, Regular Session, 1993, is amended to |
�
|
read as follows: |
�
|
�������(a)��The authority may acquire permitted rights to use water |
�
|
from the aquifer for the purposes of: |
�
|
�������������(1)��holding those rights in trust for sale or transfer |
�
|
of the water or the rights to persons within the authority's |
�
|
jurisdiction who may use water from the aquifer; |
�
|
�������������(2)��holding those rights in trust as a means of |
�
|
managing overall demand on the aquifer; or |
�
|
�������������(3)��holding those rights for resale [or retirement as
|
�
|
a means of complying with pumping reduction requirements under this
|
�
|
article; or
|
�
|
�������������[(4)
�
�
retiring those rights, including those rights
|
�
|
already permitted]. |
�
|
�������SECTION�12.06.��Article 1, Chapter 626, Acts of the 73rd |
�
|
Legislature, Regular Session, 1993, is amended by amending Section |
�
|
1.26 and adding Section 1.26A to read as follows: |
�
|
�������Sec.�1.26.��CRITICAL PERIOD MANAGEMENT PLAN. (a)��After |
�
|
review of the recommendations received in the program document, as |
�
|
prescribed by Section 1.26A of this article, the [The] authority by |
�
|
rule shall adopt [prepare and coordinate implementation of] a [plan
|
�
|
for] critical period management plan consistent with Sections |
�
|
1.14(a), (f), and (h) of this article [on or before September 1,
|
�
|
1995]. The critical period management plan shall be adopted by the |
�
|
authority no later than six months after the authority's receipt of |
�
|
the program document. On adoption of the critical period |
�
|
management plan, the authority shall provide a written report to |
�
|
the governor, lieutenant governor, and speaker of the house of |
�
|
representatives describing the actions taken in response to each |
�
|
recommendation and, for each recommendation not implemented, the |
�
|
reason it was not implemented. The plan [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; and |
�
|
�������������(5)��allow irrigation use to continue in order to |
�
|
permit the user to complete the irrigation of a crop in progress. |
�
|
�������(b)��In this section, "MSL" means the elevation above mean |
�
|
sea level, measured in feet, of the surface of the water in a well, |
�
|
and "CFS" means cubic feet per second. Not later than January 1, |
�
|
2008, the authority shall, by rule, adopt and enforce a critical |
�
|
period management plan with withdrawal reduction percentages in the |
�
|
amounts indicated in Tables 1 and 2 whether according to the index |
�
|
well levels or the Comal or San Marcos Springs flow as applicable, |
�
|
for a total in critical period Stage IV of 40 percent of the |
�
|
permitted withdrawals under Table 1 and 35 percent under Table 2: |
�
|
TABLE 1 |
�
|
CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES |
�
|
FOR THE SAN ANTONIO POOL |
�
|
Comal |
San Marcos Springs Flow cfs |
Index Well J-17 Level MSL |
Critical Period Stage |
Withdrawal Reduction- San Antonio Pool |
|
�
|
Springs Flow |
San Marcos Springs Flow cfs |
Index Well J-17 Level MSL |
Critical Period Stage |
Withdrawal Reduction- San Antonio Pool |
|
�
|
cfs |
San Marcos Springs Flow cfs |
Index Well J-17 Level MSL |
Critical Period Stage |
Withdrawal Reduction- San Antonio Pool |
|
�
|
|
�
|
|
�
|
|
�
|
|
�
|
TABLE 2 |
�
|
CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES |
�
|
FOR THE UVALDE POOL |
�
|
|
Withdrawal Reduction-Uvalde Pool |
Index Well J-27 Level MSL |
Critical Period Stage |
|
|
�
|
|
�
|
|
�
|
|
�
|
|
�
|
�������(c)��A change to a critical period stage with higher |
�
|
withdrawal reduction percentages is triggered if the 10-day average |
�
|
of daily springflows at the Comal Springs or the San Marcos Springs |
�
|
or the 10-day average of daily aquifer levels at the J-17 Index Well |
�
|
drops below the lowest number of any of the trigger levels indicated |
�
|
in Table 1. A change to a critical period stage with lower |
�
|
withdrawal reduction percentages is triggered only when the 10-day |
�
|
average of daily springflows at the Comal Springs and the San Marcos |
�
|
Springs and the 10-day average of daily aquifer levels at the J-17 |
�
|
Index Well are all above the same stage trigger level. The |
�
|
authority may adjust the withdrawal percentages for Stage IV in |
�
|
Tables 1 and 2 if necessary in order to comply with Subsection (d) |
�
|
or (e) of this section. |
�
|
�������(d)��Beginning September 1, 2007, the authority may not |
�
|
require the volume of permitted withdrawals to be less than an |
�
|
annualized rate of 340,000 acre-feet, under critical period Stage |
�
|
IV. |
�
|
�������(e)��After January 1, 2013, the authority may not require the |
�
|
volume of permitted withdrawals to be less than an annualized rate |
�
|
of 320,000 acre-feet, under critical period Stage IV unless, after |
�
|
review and consideration of the recommendations provided under |
�
|
Section 1.26A of this article, the authority determines that a |
�
|
different volume of withdrawals is consistent with Sections |
�
|
1.14(a), (f), and (h) of this article in maintaining protection for |
�
|
federally listed threatened and endangered species associated with |
�
|
the aquifer to the extent required by federal law. |
�
|
�������(f)��Notwithstanding Subsections (d) and (e) of this |
�
|
section, the authority may require further withdrawal reductions |
�
|
before reviewing and considering the recommendations provided |
�
|
under Section 1.26A of this article if the discharge of Comal |
�
|
Springs or San Marcos Springs declines an additional 15 percent |
�
|
after Stage IV withdrawal reductions are imposed under Subsection |
�
|
(b) of this section. This subsection expires on the date that |
�
|
critical period management plan rules adopted by the authority |
�
|
based on the recommendations provided under Section 1.26A of this |
�
|
article take effect. |
�
|
�������(g)��Notwithstanding the existence of any stage of an interim |
�
|
or final critical period adopted by the authority under this |
�
|
section, a person authorized to withdraw groundwater from the |
�
|
aquifer for irrigation purposes shall, without regard to the |
�
|
withdrawal reductions prescribed for that stage, be allowed to |
�
|
finish a crop already planted in the calendar year during which the |
�
|
critical period is in effect. |
�
|
�������Sec.�1.26A.��DEVELOPMENT OF WITHDRAWAL REDUCTION LEVELS AND |
�
|
STAGES FOR CRITICAL PERIOD MANAGEMENT THROUGH RECOVERY |
�
|
IMPLEMENTATION PROGRAM. (a)��The authority, with the assistance of |
�
|
Texas A&M University, shall cooperatively develop a recovery |
�
|
implementation program through a facilitated, consensus-based |
�
|
process that involves input from the United States Fish and |
�
|
Wildlife Service, other appropriate federal agencies, and all |
�
|
interested stakeholders, including those listed under Subsection |
�
|
(e)(1) of this section. The recovery implementation program shall |
�
|
be developed for the species that are: |
�
|
�������������(1)��listed as threatened or endangered species under |
�
|
federal law; and |
�
|
�������������(2)��associated with the aquifer. |
�
|
�������(b)��The authority shall enter into a memorandum of agreement |
�
|
with the United States Fish and Wildlife Service, other appropriate |
�
|
federal agencies, the Texas Commission on Environmental Quality, |
�
|
the Parks and Wildlife Department, the Department of Agriculture, |
�
|
the Texas Water Development Board, and other stakeholders, not |
�
|
later than December 31, 2007, in order to develop a program document |
�
|
that may be in the form of a habitat conservation plan used in |
�
|
issuance of an incidental take permit as outlined in Subsection (d) |
�
|
of this section. |
�
|
�������(c)��The authority shall enter into an implementing |
�
|
agreement with the United States Fish and Wildlife Service, other |
�
|
appropriate federal agencies, the Texas Commission on |
�
|
Environmental Quality, the Parks and Wildlife Department, the |
�
|
Department of Agriculture, the Texas Water Development Board, and |
�
|
other stakeholders to develop a program document that may be in the |
�
|
form of a habitat conservation plan used in issuance of an |
�
|
incidental take permit as outlined in Subsection (d) of this |
�
|
section not later than December 31, 2009. |
�
|
�������(d)��The authority, the Texas Commission on Environmental |
�
|
Quality, the Parks and Wildlife Department, the Department of |
�
|
Agriculture, the Texas Water Development Board, and other |
�
|
stakeholders shall jointly prepare a program document that may be |
�
|
in the form of a habitat conservation plan used in issuance of an |
�
|
incidental take permit with the United States secretary of the |
�
|
interior, through the United States Fish and Wildlife Service and |
�
|
other appropriate federal agencies, under Section 4 or Section 6, |
�
|
Endangered Species Act of 1973 (16 U.S.C. Section 1533 or 1535), as |
�
|
applicable, based on the program developed under Subsection (a) of |
�
|
this section. The program document shall: |
�
|
�������������(1)��provide recommendations for withdrawal |
�
|
adjustments based on a combination of spring discharge rates of the |
�
|
San Marcos and Comal Springs and levels at the J-17 and J-27 wells |
�
|
during critical periods to ensure that federally listed, |
�
|
threatened, and endangered species associated with the Edwards |
�
|
Aquifer will be protected at all times, including throughout a |
�
|
repeat of the drought of record; |
�
|
�������������(2)��include provisions to pursue cooperative and grant |
�
|
funding to the extent available from all state, federal, and other |
�
|
sources for eligible programs included in the cooperative agreement |
�
|
under Subsection (c) of this section, including funding for a |
�
|
program director; and |
�
|
�������������(3)��be approved and executed by the authority, the |
�
|
Texas Commission on Environmental Quality, the Parks and Wildlife |
�
|
Department, the Department of Agriculture, the Texas Water |
�
|
Development Board, and the United States Fish and Wildlife Service |
�
|
not later than September 1, 2012, and the agreement shall take |
�
|
effect December 31, 2012. |
�
|
�������(e)��Texas A&M University shall assist in the creation of a |
�
|
steering committee to oversee and assist in the development of the |
�
|
cooperative agreement under Subsection (c) of this section. The |
�
|
steering committee must be created not later than September 30, |
�
|
2007. The initial steering committee shall be composed of: |
�
|
�������������(1)��a representative of each of the following |
�
|
entities, as appointed by the governing body of that entity: |
�
|
�������������������(A)��the Edwards Aquifer Authority; |
�
|
�������������������(B)��the Texas Commission on Environmental |
�
|
Quality; |
�
|
�������������������(C)��the Parks and Wildlife Department; |
�
|
�������������������(D)��the Department of Agriculture; |
�
|
�������������������(E)��the Texas Water Development Board; |
�
|
�������������������(F)��the San Antonio Water System; |
�
|
�������������������(G)��the Guadalupe-Blanco River Authority; |
�
|
�������������������(H)��the San Antonio River Authority; |
�
|
�������������������(I)��the South Central Texas Water Advisory |
�
|
Committee; |
�
|
�������������������(J)��Bexar County; |
�
|
�������������������(K)��CPS Energy; and |
�
|
�������������������(L)��Bexar Metropolitan Water District or its |
�
|
successor; and |
�
|
�������������(2)��nine other persons who respectively must be: |
�
|
�������������������(A)��a representative of a holder of an initial |
�
|
regular permit issued to a retail public utility located west of |
�
|
Bexar County, to be appointed by the authority; |
�
|
�������������������(B)��a representative of a holder of an initial |
�
|
regular permit issued by the authority for industrial purposes, to |
�
|
be appointed by the authority; |
�
|
�������������������(C)��a representative of a holder of an industrial |
�
|
surface water right in the Guadalupe River Basin, to be appointed by |
�
|
the Texas Commission on Environmental Quality; |
�
|
�������������������(D)��a representative of a holder of a municipal |
�
|
surface water right in the Guadalupe River Basin, to be appointed by |
�
|
the Texas Commission on Environmental Quality; |
�
|
�������������������(E)��a representative of a retail public utility |
�
|
in whose service area the Comal Springs or San Marcos Springs is |
�
|
located; |
�
|
�������������������(F)��a representative of a holder of an initial |
�
|
regular permit issued by the authority for irrigation, to be |
�
|
appointed by the commissioner of agriculture; |
�
|
�������������������(G)��a representative of an agricultural producer |
�
|
from the Edwards Aquifer region, to be appointed by the |
�
|
commissioner of agriculture; |
�
|
�������������������(H)��a representative of environmental interests |
�
|
from the Texas Living Waters Project, to be appointed by the |
�
|
governing body of that project; and |
�
|
�������������������(I)��a representative of recreational interests |
�
|
in the Guadalupe River Basin, to be appointed by the Parks and |
�
|
Wildlife Commission. |
�
|
�������(f)��The steering committee shall work with Texas A&M |
�
|
University to: |
�
|
�������������(1)��establish a regular meeting schedule and publish |
�
|
that schedule to encourage public participation; and |
�
|
�������������(2)��not later than October 31, 2007, hire a program |
�
|
director to be housed at Texas A&M University. |
�
|
�������(g)��Texas A&M University may accept outside funding to pay |
�
|
the salary and expenses of the program director hired under this |
�
|
section and any expenses associated with the university's |
�
|
participation in the creation of the steering committee or |
�
|
subcommittees established by the steering committee. |
�
|
�������(h)��Where reasonably practicable or as required by law, any |
�
|
meeting of the steering committee, the Edwards Aquifer area expert |
�
|
science subcommittee, or another subcommittee established by the |
�
|
steering committee must be open to the public. |
�
|
�������(i)��The steering committee appointed under this section |
�
|
shall appoint an Edwards Aquifer area expert science subcommittee |
�
|
not later than December 31, 2007. The expert science subcommittee |
�
|
must be composed of an odd number of not fewer than seven or more |
�
|
than 15 members who have technical expertise regarding the Edwards |
�
|
Aquifer system, the threatened and endangered species that inhabit |
�
|
that system, springflows, or the development of withdrawal |
�
|
limitations. The Bureau of Economic Geology of The University of |
�
|
Texas at Austin and the River Systems Institute at Texas State |
�
|
University shall assist the expert science subcommittee. Chapter |
�
|
2110, Government Code, does not apply to the size, composition, or |
�
|
duration of the expert science subcommittee. |
�
|
�������(j)��The Edwards Aquifer area expert science subcommittee |
�
|
shall, among other things, analyze species requirements in relation |
�
|
to spring discharge rates and aquifer levels as a function of |
�
|
recharge and withdrawal levels. Based on that analysis and the |
�
|
elements required to be considered by the authority under Section |
�
|
1.14 of this article, the expert science subcommittee shall, |
�
|
through a collaborative process designed to achieve consensus, |
�
|
develop recommendations for withdrawal reduction levels and stages |
�
|
for critical period management including, if appropriate, |
�
|
establishing separate and possibly different withdrawal reduction |
�
|
levels and stages for critical period management for different |
�
|
pools of the aquifer needed to maintain target spring discharge and |
�
|
aquifer levels. The expert science subcommittee shall submit its |
�
|
recommendations to the steering committee and all other |
�
|
stakeholders involved in the recovery implementation program under |
�
|
this section. |
�
|
�������(k)��The initial recommendations of the Edwards Aquifer area |
�
|
expert science subcommittee must be completed and submitted to the |
�
|
steering committee and other stakeholders not later than December |
�
|
31, 2008, and should include an evaluation: |
�
|
�������������(1)��of the option of designating a separate San Marcos |
�
|
pool, of how such a designation would affect existing pools, and of |
�
|
the need for an additional well to measure the San Marcos pool, if |
�
|
designated; |
�
|
�������������(2)��of the necessity to maintain minimum springflows, |
�
|
including a specific review of the necessity to maintain a flow to |
�
|
protect the federally threatened and endangered species; and |
�
|
�������������(3)��as to whether adjustments in the trigger levels |
�
|
for the San Marcos Springs flow for the San Antonio pool should be |
�
|
made. |
�
|
�������(l)��In developing its recommendations, the Edwards Aquifer |
�
|
area expert science subcommittee shall: |
�
|
�������������(1)��consider all reasonably available science, |
�
|
including any Edwards Aquifer-specific studies, and base its |
�
|
recommendations solely on the best science available; and |
�
|
�������������(2)��operate on a consensus basis to the maximum extent |
�
|
possible. |
�
|
�������(m)��After development of the cooperative agreement, the |
�
|
steering committee, with the assistance of the Edwards Aquifer area |
�
|
expert science subcommittee and with input from the other recovery |
�
|
implementation program stakeholders, shall prepare and submit |
�
|
recommendations to the authority. The recommendations must: |
�
|
�������������(1)��include a review of the critical period management |
�
|
plan, to occur at least once every five years; |
�
|
�������������(2)��include specific monitoring, studies, and |
�
|
activities that take into account changed conditions and |
�
|
information that more accurately reflects the importance of |
�
|
critical period management; and |
�
|
�������������(3)��establish a schedule for continuing the validation |
�
|
or refinement of the critical period management plan adopted by the |
�
|
authority and the strategies to achieve the program and cooperative |
�
|
agreement described by this section. |
�
|
�������(n)��In this subsection, "recharge facility" means a dam, |
�
|
reservoir, or other method of recharge project and associated |
�
|
facilities, structures, or works but does not include facilities |
�
|
designed to recirculate water at Comal or San Marcos Springs. The |
�
|
steering committee shall establish a recharge facility feasibility |
�
|
subcommittee to: |
�
|
�������������(1)��assess the need for the authority or any other |
�
|
entity to own, finance, design, construct, operate, or maintain |
�
|
recharge facilities; |
�
|
�������������(2)��formulate plans to allow the authority or any |
�
|
other entity to own, finance, design, construct, operate, or |
�
|
maintain recharge facilities; |
�
|
�������������(3)��make recommendations to the steering committee as |
�
|
to how to calculate the amount of additional water that is made |
�
|
available for use from a recharge project including during times of |
�
|
critical period reductions; |
�
|
�������������(4)��maximize available federal funding for the |
�
|
authority or any other entity to own, finance, design, construct, |
�
|
operate, or maintain recharge facilities; and |
�
|
�������������(5)��evaluate the financing of recharge facilities, |
�
|
including the use of management fees or special fees to be used for |
�
|
purchasing or operating the facilities. |
�
|
�������(o)��The steering committee may establish other |
�
|
subcommittees as necessary, including a hydrology subcommittee, a |
�
|
community outreach and education subcommittee, and a water supply |
�
|
subcommittee. |
�
|
�������(p)��On execution of the memorandum of agreement described by |
�
|
Subsection (b) of this section, the steering committee described by |
�
|
Subsection (e) of this section may, by majority vote of its members, |
�
|
vote to add members to the steering committee, change the makeup of |
�
|
the committee, or dissolve the committee. If the steering |
�
|
committee is dissolved, the program director hired under Subsection |
�
|
(f) of this section shall assume the duties of the steering |
�
|
committee. |
�
|
�������(q)��The authority shall provide an annual report to the |
�
|
governor, lieutenant governor, and speaker of the house of |
�
|
representatives not later than January 1 of each year that details: |
�
|
�������������(1)��the status of the recovery implementation program |
�
|
development process; |
�
|
�������������(2)��the likelihood of completion of the recovery |
�
|
implementation program and the cooperative agreement described by |
�
|
Subsection (c) of this section; |
�
|
�������������(3)��the extent to which the recommendations of the |
�
|
Edwards Aquifer area expert science subcommittee are being |
�
|
considered and implemented by the authority; |
�
|
�������������(4)��any other actions that need to be taken in response |
�
|
to each recommendation; |
�
|
�������������(5)��reasons explaining why any recommendation |
�
|
received has not been implemented; and |
�
|
�������������(6)��any other issues the authority considers of value |
�
|
for the efficient and effective completion of the program and the |
�
|
cooperative agreement under this section. |
�
|
�������SECTION�12.07.��Subsections (b), (h), and (i), Section 1.29, |
�
|
Chapter 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. |
�
|
�������(h)��Fees assessed by the authority may not be used to fund |
�
|
the cost of reducing withdrawals or retiring permits or of |
�
|
judgments or claims related to withdrawals or permit retirements |
�
|
[Special fees collected under Subsection (c) or (d) of this section
|
�
|
may not be used to finance a surface water supply reservoir
|
�
|
project]. |
�
|
�������(i)��The authority and other stakeholders, including state |
�
|
agencies, listed under Section 1.26A of this article shall provide |
�
|
money as necessary[, but not to exceed five percent of the money
|
�
|
collected under Subsection (d) of this section,] to finance the |
�
|
activities of the steering committee and any subcommittees |
�
|
appointed by the steering committee and the program director of the |
�
|
recovery implementation program under Section 1.26A of this |
�
|
article. The authority shall provide, as necessary, up to $75,000 |
�
|
annually, adjusted for changes in the consumer price index, to |
�
|
finance the South Central Texas Water Advisory Committee's |
�
|
administrative expenses and programs authorized under this |
�
|
article. |
�
|
�������SECTION�12.08.��Subsection (a), Section 1.45, 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, and the recharge project is |
�
|
not designed to recirculate water at Comal or San Marcos Springs. |
�
|
�������SECTION�12.09.��Subsections (b) and (d), Section 1.14, |
�
|
Section 1.21, and Subsections (a), (c), and (d), Section 1.29, |
�
|
Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, |
�
|
are repealed. |
�
|
�������SECTION�12.10.��(a)��Before January 1, 2012, a suit may not |
�
|
be instituted in a state court contesting: |
�
|
�������������(1)��the validity or implementation of this article; or |
�
|
�������������(2)��the groundwater withdrawal amounts recognized in |
�
|
Section 1.14, Chapter 626, Acts of the 73rd Legislature, Regular |
�
|
Session, 1993, as amended by this Act.� |
�
|
�������(b)��If applicable, a party that files a suit in any court |
�
|
shall be automatically removed from the steering committee |
�
|
established under Section 1.26A, Chapter 626, Acts of the 73rd |
�
|
Legislature, Regular Session, 1993, as added by this Act. |
�
|
�������(c)��A suit against the Edwards Aquifer Authority may not be |
�
|
instituted or maintained by a person who owns, holds, or uses a |
�
|
surface water right and claims injury or potential injury to that |
�
|
right for any reason, including any actions taken by the Edwards |
�
|
Aquifer Authority to implement or enforce Article 1, Chapter 626, |
�
|
Acts of the 73rd Legislature, Regular Session, 1993, as amended. |
�
|
This section does not apply to suits brought pursuant to Section |
�
|
1.45, Chapter 626, Acts of the 73rd Legislature, Regular Session, |
�
|
1993. |
�
|
�������SECTION�12.11.��The change in law made by this article |
�
|
applies only to a cause of action filed on or after the effective |
�
|
date of this article. A cause of action that is filed before the |
�
|
effective date of this article is governed by the law in effect |
�
|
immediately before the effective date of this article, and that law |
�
|
is continued in effect for that purpose. |
�
|
�������SECTION�12.12.��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, 2007. |
�
|
ARTICLE 13. TERRITORY OF CULBERSON COUNTY GROUNDWATER CONSERVATION |
�
|
DISTRICT |
�
|
�������SECTION�13.01.��Chapter 1075, Acts of the 75th Legislature, |
�
|
Regular Session, 1997, is amended by adding Section 3A to read as |
�
|
follows: |
�
|
�������Sec.�3A.��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 of the remaining territory |
�
|
in Culberson County. |
�
|
�������SECTION�13.02.��(a)��The annexation under Section 3A, |
�
|
Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997, |
�
|
as added by this article, of the additional territory in Culberson |
�
|
County that was not included in the boundaries of the Culberson |
�
|
County Groundwater Conservation District on August 31, 2007, is |
�
|
subject to ratification at an election held under Section 36.328, |
�
|
Water Code, and this section in which only the voters residing in |
�
|
the territory to be annexed are eligible to vote. |
�
|
�������(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 article that allows for compliance with the |
�
|
time requirements of the Election Code. |
�
|
�������(c)��If a majority of the voters voting at the ratification |
�
|
election vote in favor of the annexation, the Culberson County |
�
|
Groundwater Conservation District boundaries include all of |
�
|
Culberson County. |
�
|
�������(d)��If a majority of the voters voting at the ratification |
�
|
election do not vote in favor of the annexation, the Culberson |
�
|
County Groundwater Conservation District boundaries are unchanged |
�
|
and this article expires. |
�
|
ARTICLE 14. �EFFECTIVE DATE |
�
|
�������SECTION�14.01.��Except as otherwise provided by this Act, |
�
|
this Act takes effect September 1, 2007. |
�
|
|
�
|
|
� |
� |
� |
� |
______________________________ |
______________________________ |
� |
���President of the Senate |
Speaker of the House����� |
� |
�
|
�������I hereby certify that S.B.�No.�3 passed the Senate on |
�
|
March�27,�2007, by the following vote:��Yeas�30, Nays�0; |
�
|
May�24,�2007, Senate refused to concur in House amendments and |
�
|
requested appointment of Conference Committee; May�26,�2007, House |
�
|
granted request of the Senate; May�27,�2007, Senate adopted |
�
|
Conference Committee Report by the following vote:��Yeas�29, |
�
|
Nays�1. |
�
|
|
� |
� |
______________________________ |
� |
Secretary of the Senate���� |
� |
�
|
�������I hereby certify that S.B.�No.�3 passed the House, with |
�
|
amendments, on May�23,�2007, by the following vote:��Yeas�133, |
�
|
Nays�8, one present not voting; May�26,�2007, House granted request |
�
|
of the Senate for appointment of Conference Committee; |
�
|
May�28,�2007, House adopted Conference Committee Report by the |
�
|
following vote:��Yeas�113, Nays�28, two present not voting. |
�
|
|
� |
� |
______________________________ |
� |
Chief Clerk of the House��� |
� |
�
|
|
� |
�
|
Approved: |
�
|
|
�
|
______________________________� |
�
|
�����������Date |
�
|
|
�
|
|
�
|
______________________________� |
�
|
����������Governor |