Bill Text: TX HB3846 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the management of the upper San Saba River.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-10 - Left pending in subcommittee [HB3846 Detail]
Download: Texas-2017-HB3846-Introduced.html
By: Murr | H.B. No. 3846 |
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relating to the management of the upper San Saba River. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 11, Water Code, is amended by adding | ||
Subchapter L to read as follows: | ||
SUBCHAPTER L. SAN SABA RIVER WATER RIGHTS PLAN | ||
Sec. 11.601. DEFINITIONS. In this subchapter: | ||
(1) "Board" means the water rights board appointed as | ||
provided by this subchapter. | ||
(2) "Director" means a member of the board. | ||
(3) "Regulatory authority" means, in accordance with | ||
the context in which it is found, the commission or the board. | ||
Sec. 11.602. TERRITORY. This subchapter and the plan and | ||
rules adopted by the commission under this subchapter apply only to | ||
the San Saba River segment of the Colorado River Basin in Mason, | ||
Menard, McCulloch, and Schleicher Counties, including the San Saba | ||
River in those counties. | ||
Sec. 11.603. WATER RIGHTS BOARD. (a) The commissioners | ||
courts of Mason, Menard, McCulloch, and Schleicher Counties may | ||
jointly create a water rights board in the manner provided by this | ||
section to: | ||
(1) act as the agent of the commission in | ||
administering and enforcing the plan adopted under this subchapter; | ||
and | ||
(2) provide information to the commission for the | ||
commission to evaluate when creating the plan and deciding whether | ||
to amend the plan by: | ||
(A) locating, assessing, and assembling research | ||
on stream gains and losses, geology, flows, rainfall, and | ||
evaporation rates in Mason, Menard, McCulloch, and Schleicher | ||
Counties; and | ||
(B) identifying ways to enhance flows in the San | ||
Saba River. | ||
(b) The board is a governmental unit under Chapter 101, | ||
Civil Practice and Remedies Code, and the operations of the board | ||
are essential government functions and are not proprietary | ||
functions for any purpose, including the application of that | ||
chapter. | ||
(c) The board or a board director or employee is not liable | ||
for damages arising out of the performance of a governmental | ||
function of the board, except as provided by Chapter 101, Civil | ||
Practice and Remedies Code. | ||
(d) The board consists of nine directors appointed to | ||
represent Mason, Menard, McCulloch, and Schleicher Counties as | ||
follows: | ||
(1) from Mason County, two directors who are | ||
landowners with riparian domestic and livestock water use rights; | ||
(2) from Menard County, two directors, each of whom | ||
is: | ||
(A) a water right holder; or | ||
(B) a user of water for riparian domestic and | ||
livestock purposes; | ||
(3) from McCulloch County, two directors, each of whom | ||
is: | ||
(A) a landowner who holds a water right; or | ||
(B) a user of water for riparian domestic and | ||
livestock purposes; | ||
(4) from Schleicher County, two directors who are | ||
groundwater irrigators; and | ||
(5) one at-large director appointed by the commission | ||
to represent the population of Mason, Menard, McCulloch, and | ||
Schleicher Counties. | ||
(e) The commissioners courts of Mason, Menard, McCulloch, | ||
and Schleicher Counties shall appoint the directors described by | ||
Subsections (d)(1), (2), (3), and (4) from their respective | ||
counties. | ||
(f) Directors are appointed for staggered terms of two | ||
years. The term of one director appointed by each county's | ||
commissioners court must expire each year. | ||
(g) If a vacancy occurs on the board, the appointing county | ||
commissioners court for the vacant position or the commission, as | ||
applicable, shall appoint a person to fill the vacancy. | ||
(h) The board or the commissioners court of the appointing | ||
county may remove a director for misconduct or failure to carry out | ||
the director's duties on receiving a written petition signed by a | ||
majority of the remaining directors. | ||
(i) A director is not entitled to reimbursement of expenses | ||
or to compensation. | ||
Sec. 11.604. BOARD OFFICERS AND EMPLOYEES. (a) The board | ||
shall meet within 30 days following initial appointment and elect a | ||
president, vice president, and secretary to serve two-year terms. | ||
The secretary shall keep accurate and complete records of all board | ||
proceedings. Following the first meeting, the board shall meet | ||
regularly as necessary. | ||
(b) The board shall: | ||
(1) appoint a liaison to communicate with state | ||
agencies and consultants; | ||
(2) select a mediator, if needed; | ||
(3) employ a consultant if needed to analyze data and | ||
identify research needs; and | ||
(4) employ an enforcement officer to monitor | ||
compliance with board orders, including by reading pump meters, and | ||
at least annually identify alternative sources of water available | ||
to water right holders and other water users in Mason, Menard, | ||
McCulloch, and Schleicher Counties. | ||
(c) The board may appoint other officers, agents, and | ||
employees, set their compensation and term of office, prescribe | ||
their duties and the method by which they may be removed, and | ||
delegate to them any of its powers and duties as it considers | ||
proper. | ||
Sec. 11.605. ADVISORY COMMITTEE. (a) If a water rights | ||
board is created under Section 11.603, an advisory committee shall | ||
be created in the manner described by this section to: | ||
(1) at least annually, provide recommendations to the | ||
board regarding activities of benefit to water right holders in | ||
Mason, Menard, McCulloch, and Schleicher Counties; | ||
(2) advise the board on the status of available | ||
surface water and groundwater in Mason, Menard, McCulloch, and | ||
Schleicher Counties, including potential shortages; | ||
(3) review and comment to the executive director on | ||
the annual budget of the board; and | ||
(4) perform other duties as may be requested by the | ||
board. | ||
(b) The advisory committee is composed of: | ||
(1) a representative from the commission appointed by | ||
the commission; | ||
(2) a hydrologist appointed by the commission; and | ||
(3) the general manager of each groundwater | ||
conservation district with territory in Mason, Menard, McCulloch, | ||
or Schleicher County. | ||
(c) An advisory committee member is not entitled to | ||
reimbursement of expenses incurred or to compensation. | ||
(d) An advisory committee member described by Subsection | ||
(b)(1) or (2) serves a term of two years from the date of | ||
appointment and holds office until a successor is appointed. | ||
(e) The advisory committee shall meet: | ||
(1) at least once each quarter; and | ||
(2) on request by the board. | ||
Sec. 11.606. COMMISSION AUTHORITY; DELEGATION. (a) If a | ||
board is appointed under Section 11.603, the commission shall: | ||
(1) delegate to the board the authority to enforce the | ||
plan adopted under this subchapter; and | ||
(2) supervise the board in the board's performance of | ||
the duties given to the board under this subchapter. | ||
(b) The commission shall: | ||
(1) conduct not more often than once a year an | ||
investigation of the board to determine the board's compliance with | ||
this subchapter; and | ||
(2) prepare an annual report concerning the status of | ||
the board's performance. | ||
(c) If the commission determines that the board does not | ||
consistently enforce the plan adopted under this subchapter, the | ||
commission shall hold a hearing and determine whether to continue | ||
the delegation. | ||
(d) If the commission delegates authority to the board under | ||
this subchapter, the board is considered the regulatory authority. | ||
(e) If the commission has not yet delegated authority to the | ||
board or revokes authority delegated to the board, the commission | ||
is considered the regulatory authority. | ||
(f) The regulatory authority is responsible for enforcing | ||
the plan adopted under this subchapter. | ||
Sec. 11.607. PLAN. (a) The commission by rule shall adopt | ||
a plan for the administration of water use and water rights in the | ||
segment of the San Saba River described by Section 11.602 in times | ||
of drought or other emergency shortage of water to supplement the | ||
water rights system established by this chapter. For the purposes | ||
of this section, a drought or other emergency shortage of water has | ||
the meaning assigned by commission rules, as provided by Section | ||
11.053(c). | ||
(b) Before adopting the plan, the commission shall seek | ||
input on the plan from the board or, if a board has not been created, | ||
from the commissioners courts of Mason, Menard, McCulloch, and | ||
Schleicher Counties. | ||
(c) Subject to the limitations provided by Subsections (d), | ||
(e), and (f), the plan must: | ||
(1) include measures to maximize the beneficial use of | ||
and minimize waste of the water in the segment of the San Saba River | ||
described by Section 11.602; | ||
(2) include measures to protect the environment in the | ||
territory described by Section 11.602; | ||
(3) include measures to protect agricultural | ||
activities that require the use of the water in the segment of the | ||
San Saba River described by Section 11.602; | ||
(4) include measures to maintain flows in the San Saba | ||
River in Mason and McCulloch Counties while minimizing negative | ||
impacts on irrigation in Menard and Schleicher Counties, which may | ||
include curtailment orders to be issued to water right holders in | ||
Menard and Schleicher Counties; | ||
(5) provide that if at any time irrigation from the San | ||
Saba River is prohibited in Menard and Schleicher Counties under | ||
the plan, a person who holds a domestic or livestock riparian right | ||
in the segment of the San Saba River described by Section 11.602 may | ||
not use the right if the person has access to an alternative source | ||
of water; and | ||
(6) include a process for the board to request from the | ||
commission temporary changes to required plan measures to respond | ||
to conditions in the plan territory. | ||
(d) The plan may not require the regulatory authority to | ||
override a water right granted under Subchapter B. The plan may | ||
provide for the regulatory authority to request that a water right | ||
holder curtail use to support the plan. | ||
(e) At any time, a person affected by the plan may submit to | ||
the commission a petition to use a right granted to that person | ||
under this chapter to use water from the San Saba River in a manner | ||
or amount that is not authorized under the plan. The commission | ||
shall approve the petition if the person satisfies all other | ||
applicable requirements for exercising the right. | ||
(f) The regulatory authority may not enforce a plan | ||
requirement against a person who is exercising a right that has been | ||
approved as described by Subsection (e) during the period the right | ||
is approved by the commission to be exercised. | ||
Sec. 11.608. REGISTRATION. (a) Each person who holds a | ||
water right in an area that is included in the territory described | ||
by Section 11.602 in Menard County or McCulloch County must | ||
register the water right with the commission. | ||
(b) Each person who uses surface water for domestic or | ||
livestock purposes in an area that is included in the territory | ||
described by Section 11.602 must register the use with the | ||
commission. | ||
Sec. 11.609. METERING. (a) The commission by rule shall | ||
require each registered water right holder to: | ||
(1) if the right is for 20 acre feet or more of water, | ||
install a pump meter to monitor the water used under the right; or | ||
(2) if the right is for less than 20 acre feet of | ||
water, install a pump meter to monitor the water used under the | ||
right if the regulatory authority receives funding from the Texas | ||
Water Development Board or another source to cover the costs of the | ||
meter. | ||
Sec. 11.610. BUDGET; ASSESSMENTS. (a) Registered water | ||
right holders shall reimburse the regulatory authority for the | ||
necessary expenses of implementing the plan in the manner provided | ||
by this section. | ||
(b) Each fiscal year, the executive director shall: | ||
(1) propose a budget for the implementation of the | ||
plan by the regulatory authority; | ||
(2) hold a public hearing on the proposed budget at a | ||
location in Mason, Menard, McCulloch, or Schleicher County; | ||
(3) not later than the 60th day before the date of the | ||
hearing, provide notice to the board, if a board is created under | ||
Section 11.603, and the advisory committee, if one is created under | ||
Section 11.605, of the proposed budget showing the amount of | ||
expenses that will be required annually for the administration of | ||
water rights and use under the plan; and | ||
(4) not later than the 30th day before the date of the | ||
hearing, provide notice to each registered water right holder and | ||
user of the proposed budget showing the amount of expenses that will | ||
be required annually for the administration of water rights and use | ||
under the plan. | ||
(c) The board or the advisory committee may request that the | ||
executive director modify the budget before providing the budget to | ||
registered water right holders and users under Subsection (b)(4). | ||
(d) After the hearing, the commission shall: | ||
(1) equitably apportion the costs of the plan among | ||
the registered water right holders; and | ||
(2) issue an order assessing the apportioned costs on | ||
registered water right holders, payable to the regulatory | ||
authority. | ||
(e) The regulatory authority may provide for payment of an | ||
assessment in installments and shall specify the dates by which | ||
payments shall be made to the regulatory authority. | ||
(f) If the commission is the regulatory authority, the | ||
executive director shall collect and deposit the assessments in the | ||
watermaster administration account. | ||
(g) Water may not be diverted, taken, or stored by, or | ||
delivered to, any person while the person is delinquent in the | ||
payment of assessed costs. | ||
(h) An order of the commission assessing costs remains in | ||
effect until the commission issues a further order. The commission | ||
may modify, revoke, or supersede an order assessing costs with a | ||
subsequent order. | ||
Sec. 11.611. GIFTS AND GRANTS. The board may apply for, | ||
request, solicit, contract for, receive, and accept gifts, grants, | ||
donations, and other assistance from any source to carry out its | ||
powers and duties under this subchapter. | ||
Sec. 11.612. ENFORCEMENT. (a) The regulatory authority | ||
may issue orders to implement the plan. | ||
(b) When issuing an order to implement a measure authorized | ||
by the plan, the regulatory authority shall issue the order to each | ||
person who is subject to the order using the United States Postal | ||
Service. If the regulatory authority determines that a person has | ||
not received an order issued to the person, the regulatory | ||
authority shall attempt to contact the person by telephone or in | ||
person. | ||
(c) If a person fails to comply with a rule adopted under | ||
this subchapter or a board order, the board may recommend to the | ||
commission that the commission take enforcement action. | ||
Sec. 11.613. COMPLAINT; APPEAL. (a) A person dissatisfied | ||
with any action of the board may submit a complaint to the board in | ||
writing using the United States Postal Service not later than the | ||
10th day after the board officially adopts the action. | ||
(b) Not later than the 40th day after the date the board | ||
receives the complaint, the board shall: | ||
(1) hold a hearing on the complaint; and | ||
(2) issue a decision on the complaint. | ||
(c) The person may appeal the board's decision to the | ||
commission and request relief. The commission shall evaluate the | ||
board's decision and approve or reverse the decision. | ||
(d) If the board receives a complaint regarding water | ||
quality, the board shall forward the complaint to the commission. | ||
The board is not responsible for responding to water quality | ||
complaints. | ||
Sec. 11.614. EXPIRATION. This subchapter expires September | ||
1, 2021. | ||
SECTION 2. Section 11.3291, Water Code, is amended by | ||
adding Subsections (f) and (g) to read as follows: | ||
(f) If the commission is acting as the regulatory authority | ||
under Subchapter L: | ||
(1) the commission is considered to be a watermaster | ||
for the purposes of this section; and | ||
(2) the territory described by Section 11.602 is | ||
considered to be a water division for the purposes of this section. | ||
(g) Subsection (f) and this subsection expire September 1, | ||
2021. | ||
SECTION 3. Notwithstanding Section 11.603(f), Water Code, | ||
as added by this Act, in appointing the initial directors of the | ||
water rights board under Section 11.603, Water Code, as added by | ||
this Act, the county commissioners courts of Mason, Menard, | ||
McCulloch, and Schleicher Counties shall each designate one | ||
director from their respective counties to serve a term that | ||
expires on the first anniversary of the date the director is | ||
appointed. | ||
SECTION 4. This Act takes effect September 1, 2017. |