Texas 2017 - 85th Regular

Texas House Bill HB3846 Compare Versions

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1	1	By: Murr H.B. No. 3846
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the management of the upper San Saba River.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 11, Water Code, is amended by adding
9	9	Subchapter L to read as follows:
10	10	SUBCHAPTER L. SAN SABA RIVER WATER RIGHTS PLAN
11	11	Sec. 11.601. DEFINITIONS. In this subchapter:
12	12	(1) "Board" means the water rights board appointed as
13	13	provided by this subchapter.
14	14	(2) "Director" means a member of the board.
15	15	(3) "Regulatory authority" means, in accordance with
16	16	the context in which it is found, the commission or the board.
17	17	Sec. 11.602. TERRITORY. This subchapter and the plan and
18	18	rules adopted by the commission under this subchapter apply only to
19	19	the San Saba River segment of the Colorado River Basin in Mason,
20	20	Menard, McCulloch, and Schleicher Counties, including the San Saba
21	21	River in those counties.
22	22	Sec. 11.603. WATER RIGHTS BOARD. (a) The commissioners
23	23	courts of Mason, Menard, McCulloch, and Schleicher Counties may
24	24	jointly create a water rights board in the manner provided by this
25	25	section to:
26	26	(1) act as the agent of the commission in
27	27	administering and enforcing the plan adopted under this subchapter;
28	28	and
29	29	(2) provide information to the commission for the
30	30	commission to evaluate when creating the plan and deciding whether
31	31	to amend the plan by:
32	32	(A) locating, assessing, and assembling research
33	33	on stream gains and losses, geology, flows, rainfall, and
34	34	evaporation rates in Mason, Menard, McCulloch, and Schleicher
35	35	Counties; and
36	36	(B) identifying ways to enhance flows in the San
37	37	Saba River.
38	38	(b) The board is a governmental unit under Chapter 101,
39	39	Civil Practice and Remedies Code, and the operations of the board
40	40	are essential government functions and are not proprietary
41	41	functions for any purpose, including the application of that
42	42	chapter.
43	43	(c) The board or a board director or employee is not liable
44	44	for damages arising out of the performance of a governmental
45	45	function of the board, except as provided by Chapter 101, Civil
46	46	Practice and Remedies Code.
47	47	(d) The board consists of nine directors appointed to
48	48	represent Mason, Menard, McCulloch, and Schleicher Counties as
49	49	follows:
50	50	(1) from Mason County, two directors who are
51	51	landowners with riparian domestic and livestock water use rights;
52	52	(2) from Menard County, two directors, each of whom
53	53	is:
54	54	(A) a water right holder; or
55	55	(B) a user of water for riparian domestic and
56	56	livestock purposes;
57	57	(3) from McCulloch County, two directors, each of whom
58	58	is:
59	59	(A) a landowner who holds a water right; or
60	60	(B) a user of water for riparian domestic and
61	61	livestock purposes;
62	62	(4) from Schleicher County, two directors who are
63	63	groundwater irrigators; and
64	64	(5) one at-large director appointed by the commission
65	65	to represent the population of Mason, Menard, McCulloch, and
66	66	Schleicher Counties.
67	67	(e) The commissioners courts of Mason, Menard, McCulloch,
68	68	and Schleicher Counties shall appoint the directors described by
69	69	Subsections (d)(1), (2), (3), and (4) from their respective
70	70	counties.
71	71	(f) Directors are appointed for staggered terms of two
72	72	years. The term of one director appointed by each county's
73	73	commissioners court must expire each year.
74	74	(g) If a vacancy occurs on the board, the appointing county
75	75	commissioners court for the vacant position or the commission, as
76	76	applicable, shall appoint a person to fill the vacancy.
77	77	(h) The board or the commissioners court of the appointing
78	78	county may remove a director for misconduct or failure to carry out
79	79	the director's duties on receiving a written petition signed by a
80	80	majority of the remaining directors.
81	81	(i) A director is not entitled to reimbursement of expenses
82	82	or to compensation.
83	83	Sec. 11.604. BOARD OFFICERS AND EMPLOYEES. (a) The board
84	84	shall meet within 30 days following initial appointment and elect a
85	85	president, vice president, and secretary to serve two-year terms.
86	86	The secretary shall keep accurate and complete records of all board
87	87	proceedings. Following the first meeting, the board shall meet
88	88	regularly as necessary.
89	89	(b) The board shall:
90	90	(1) appoint a liaison to communicate with state
91	91	agencies and consultants;
92	92	(2) select a mediator, if needed;
93	93	(3) employ a consultant if needed to analyze data and
94	94	identify research needs; and
95	95	(4) employ an enforcement officer to monitor
96	96	compliance with board orders, including by reading pump meters, and
97	97	at least annually identify alternative sources of water available
98	98	to water right holders and other water users in Mason, Menard,
99	99	McCulloch, and Schleicher Counties.
100	100	(c) The board may appoint other officers, agents, and
101	101	employees, set their compensation and term of office, prescribe
102	102	their duties and the method by which they may be removed, and
103	103	delegate to them any of its powers and duties as it considers
104	104	proper.
105	105	Sec. 11.605. ADVISORY COMMITTEE. (a) If a water rights
106	106	board is created under Section 11.603, an advisory committee shall
107	107	be created in the manner described by this section to:
108	108	(1) at least annually, provide recommendations to the
109	109	board regarding activities of benefit to water right holders in
110	110	Mason, Menard, McCulloch, and Schleicher Counties;
111	111	(2) advise the board on the status of available
112	112	surface water and groundwater in Mason, Menard, McCulloch, and
113	113	Schleicher Counties, including potential shortages;
114	114	(3) review and comment to the executive director on
115	115	the annual budget of the board; and
116	116	(4) perform other duties as may be requested by the
117	117	board.
118	118	(b) The advisory committee is composed of:
119	119	(1) a representative from the commission appointed by
120	120	the commission;
121	121	(2) a hydrologist appointed by the commission; and
122	122	(3) the general manager of each groundwater
123	123	conservation district with territory in Mason, Menard, McCulloch,
124	124	or Schleicher County.
125	125	(c) An advisory committee member is not entitled to
126	126	reimbursement of expenses incurred or to compensation.
127	127	(d) An advisory committee member described by Subsection
128	128	(b)(1) or (2) serves a term of two years from the date of
129	129	appointment and holds office until a successor is appointed.
130	130	(e) The advisory committee shall meet:
131	131	(1) at least once each quarter; and
132	132	(2) on request by the board.
133	133	Sec. 11.606. COMMISSION AUTHORITY; DELEGATION. (a) If a
134	134	board is appointed under Section 11.603, the commission shall:
135	135	(1) delegate to the board the authority to enforce the
136	136	plan adopted under this subchapter; and
137	137	(2) supervise the board in the board's performance of
138	138	the duties given to the board under this subchapter.
139	139	(b) The commission shall:
140	140	(1) conduct not more often than once a year an
141	141	investigation of the board to determine the board's compliance with
142	142	this subchapter; and
143	143	(2) prepare an annual report concerning the status of
144	144	the board's performance.
145	145	(c) If the commission determines that the board does not
146	146	consistently enforce the plan adopted under this subchapter, the
147	147	commission shall hold a hearing and determine whether to continue
148	148	the delegation.
149	149	(d) If the commission delegates authority to the board under
150	150	this subchapter, the board is considered the regulatory authority.
151	151	(e) If the commission has not yet delegated authority to the
152	152	board or revokes authority delegated to the board, the commission
153	153	is considered the regulatory authority.
154	154	(f) The regulatory authority is responsible for enforcing
155	155	the plan adopted under this subchapter.
156	156	Sec. 11.607. PLAN. (a) The commission by rule shall adopt
157	157	a plan for the administration of water use and water rights in the
158	158	segment of the San Saba River described by Section 11.602 in times
159	159	of drought or other emergency shortage of water to supplement the
160	160	water rights system established by this chapter. For the purposes
161	161	of this section, a drought or other emergency shortage of water has
162	162	the meaning assigned by commission rules, as provided by Section
163	163	11.053(c).
164	164	(b) Before adopting the plan, the commission shall seek
165	165	input on the plan from the board or, if a board has not been created,
166	166	from the commissioners courts of Mason, Menard, McCulloch, and
167	167	Schleicher Counties.
168	168	(c) Subject to the limitations provided by Subsections (d),
169	169	(e), and (f), the plan must:
170	170	(1) include measures to maximize the beneficial use of
171	171	and minimize waste of the water in the segment of the San Saba River
172	172	described by Section 11.602;
173	173	(2) include measures to protect the environment in the
174	174	territory described by Section 11.602;
175	175	(3) include measures to protect agricultural
176	176	activities that require the use of the water in the segment of the
177	177	San Saba River described by Section 11.602;
178	178	(4) include measures to maintain flows in the San Saba
179	179	River in Mason and McCulloch Counties while minimizing negative
180	180	impacts on irrigation in Menard and Schleicher Counties, which may
181	181	include curtailment orders to be issued to water right holders in
182	182	Menard and Schleicher Counties;
183	183	(5) provide that if at any time irrigation from the San
184	184	Saba River is prohibited in Menard and Schleicher Counties under
185	185	the plan, a person who holds a domestic or livestock riparian right
186	186	in the segment of the San Saba River described by Section 11.602 may
187	187	not use the right if the person has access to an alternative source
188	188	of water; and
189	189	(6) include a process for the board to request from the
190	190	commission temporary changes to required plan measures to respond
191	191	to conditions in the plan territory.
192	192	(d) The plan may not require the regulatory authority to
193	193	override a water right granted under Subchapter B. The plan may
194	194	provide for the regulatory authority to request that a water right
195	195	holder curtail use to support the plan.
196	196	(e) At any time, a person affected by the plan may submit to
197	197	the commission a petition to use a right granted to that person
198	198	under this chapter to use water from the San Saba River in a manner
199	199	or amount that is not authorized under the plan. The commission
200	200	shall approve the petition if the person satisfies all other
201	201	applicable requirements for exercising the right.
202	202	(f) The regulatory authority may not enforce a plan
203	203	requirement against a person who is exercising a right that has been
204	204	approved as described by Subsection (e) during the period the right
205	205	is approved by the commission to be exercised.
206	206	Sec. 11.608. REGISTRATION. (a) Each person who holds a
207	207	water right in an area that is included in the territory described
208	208	by Section 11.602 in Menard County or McCulloch County must
209	209	register the water right with the commission.
210	210	(b) Each person who uses surface water for domestic or
211	211	livestock purposes in an area that is included in the territory
212	212	described by Section 11.602 must register the use with the
213	213	commission.
214	214	Sec. 11.609. METERING. (a) The commission by rule shall
215	215	require each registered water right holder to:
216	216	(1) if the right is for 20 acre feet or more of water,
217	217	install a pump meter to monitor the water used under the right; or
218	218	(2) if the right is for less than 20 acre feet of
219	219	water, install a pump meter to monitor the water used under the
220	220	right if the regulatory authority receives funding from the Texas
221	221	Water Development Board or another source to cover the costs of the
222	222	meter.
223	223	Sec. 11.610. BUDGET; ASSESSMENTS. (a) Registered water
224	224	right holders shall reimburse the regulatory authority for the
225	225	necessary expenses of implementing the plan in the manner provided
226	226	by this section.
227	227	(b) Each fiscal year, the executive director shall:
228	228	(1) propose a budget for the implementation of the
229	229	plan by the regulatory authority;
230	230	(2) hold a public hearing on the proposed budget at a
231	231	location in Mason, Menard, McCulloch, or Schleicher County;
232	232	(3) not later than the 60th day before the date of the
233	233	hearing, provide notice to the board, if a board is created under
234	234	Section 11.603, and the advisory committee, if one is created under
235	235	Section 11.605, of the proposed budget showing the amount of
236	236	expenses that will be required annually for the administration of
237	237	water rights and use under the plan; and
238	238	(4) not later than the 30th day before the date of the
239	239	hearing, provide notice to each registered water right holder and
240	240	user of the proposed budget showing the amount of expenses that will
241	241	be required annually for the administration of water rights and use
242	242	under the plan.
243	243	(c) The board or the advisory committee may request that the
244	244	executive director modify the budget before providing the budget to
245	245	registered water right holders and users under Subsection (b)(4).
246	246	(d) After the hearing, the commission shall:
247	247	(1) equitably apportion the costs of the plan among
248	248	the registered water right holders; and
249	249	(2) issue an order assessing the apportioned costs on
250	250	registered water right holders, payable to the regulatory
251	251	authority.
252	252	(e) The regulatory authority may provide for payment of an
253	253	assessment in installments and shall specify the dates by which
254	254	payments shall be made to the regulatory authority.
255	255	(f) If the commission is the regulatory authority, the
256	256	executive director shall collect and deposit the assessments in the
257	257	watermaster administration account.
258	258	(g) Water may not be diverted, taken, or stored by, or
259	259	delivered to, any person while the person is delinquent in the
260	260	payment of assessed costs.
261	261	(h) An order of the commission assessing costs remains in
262	262	effect until the commission issues a further order. The commission
263	263	may modify, revoke, or supersede an order assessing costs with a
264	264	subsequent order.
265	265	Sec. 11.611. GIFTS AND GRANTS. The board may apply for,
266	266	request, solicit, contract for, receive, and accept gifts, grants,
267	267	donations, and other assistance from any source to carry out its
268	268	powers and duties under this subchapter.
269	269	Sec. 11.612. ENFORCEMENT. (a) The regulatory authority
270	270	may issue orders to implement the plan.
271	271	(b) When issuing an order to implement a measure authorized
272	272	by the plan, the regulatory authority shall issue the order to each
273	273	person who is subject to the order using the United States Postal
274	274	Service. If the regulatory authority determines that a person has
275	275	not received an order issued to the person, the regulatory
276	276	authority shall attempt to contact the person by telephone or in
277	277	person.
278	278	(c) If a person fails to comply with a rule adopted under
279	279	this subchapter or a board order, the board may recommend to the
280	280	commission that the commission take enforcement action.
281	281	Sec. 11.613. COMPLAINT; APPEAL. (a) A person dissatisfied
282	282	with any action of the board may submit a complaint to the board in
283	283	writing using the United States Postal Service not later than the
284	284	10th day after the board officially adopts the action.
285	285	(b) Not later than the 40th day after the date the board
286	286	receives the complaint, the board shall:
287	287	(1) hold a hearing on the complaint; and
288	288	(2) issue a decision on the complaint.
289	289	(c) The person may appeal the board's decision to the
290	290	commission and request relief. The commission shall evaluate the
291	291	board's decision and approve or reverse the decision.
292	292	(d) If the board receives a complaint regarding water
293	293	quality, the board shall forward the complaint to the commission.
294	294	The board is not responsible for responding to water quality
295	295	complaints.
296	296	Sec. 11.614. EXPIRATION. This subchapter expires September
297	297	1, 2021.
298	298	SECTION 2. Section 11.3291, Water Code, is amended by
299	299	adding Subsections (f) and (g) to read as follows:
300	300	(f) If the commission is acting as the regulatory authority
301	301	under Subchapter L:
302	302	(1) the commission is considered to be a watermaster
303	303	for the purposes of this section; and
304	304	(2) the territory described by Section 11.602 is
305	305	considered to be a water division for the purposes of this section.
306	306	(g) Subsection (f) and this subsection expire September 1,
307	307	2021.
308	308	SECTION 3. Notwithstanding Section 11.603(f), Water Code,
309	309	as added by this Act, in appointing the initial directors of the
310	310	water rights board under Section 11.603, Water Code, as added by
311	311	this Act, the county commissioners courts of Mason, Menard,
312	312	McCulloch, and Schleicher Counties shall each designate one
313	313	director from their respective counties to serve a term that
314	314	expires on the first anniversary of the date the director is
315	315	appointed.
316	316	SECTION 4. This Act takes effect September 1, 2017.