By: Murr	H.B. No. 3846

	A BILL TO BE ENTITLED
	AN ACT
	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.