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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Uvalde Water Trust. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SHORT TITLE. This Act may be cited as the Uvalde |
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Water Trust Act. |
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SECTION 2. CREATION OF UVALDE WATER TRUST. The Uvalde Water |
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Trust is hereby created pursuant to Art. XVI, Sec. 59, Texas |
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Constitution, for the purpose of protecting the groundwater and the |
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surface water supplies of Uvalde County, encouraging conservation, |
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and ensuring that water rights are available for future use in the |
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county to support growth and economic development. The Uvalde |
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Water Trust is a conservation and reclamation district and has all |
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the functions, powers, authority, rights and duties as necessary to |
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accomplish the purposes for which the trust is created and as |
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authorized by Art. XVI, Sec. 59, Texas Constitution. |
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SECTION 3. BOUNDARIES. The boundaries of the Uvalde Water |
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Trust is the territory contained within Uvalde County. |
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SECTION 4. FINDING OF BENEFIT. All land, water, and other |
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property included within the boundaries of the trust will be |
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benefited by the creation of the trust. |
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SECTION 5. PURPOSE. The purpose of the Uvalde Water Trust |
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is to facilitate a water market and to provide adequate water |
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supplies for use within the county. The Trust may acquire, receive, |
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hold, lease, and sell water rights and engage in any other |
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transactions and may develop policies necessary to promote |
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conservation and availability of water in the county. |
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SECTION 6. POWERS OF TRUST. The powers of the Uvalde Water |
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Trust include but are not limited to: |
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(a) acquiring and holding water rights by purchase, lease, |
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assignment, bequeath, gift, pledge, trust, or any other mechanism; |
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(b) selling, leasing, or otherwise transferring an interest |
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in water rights for economic development projects or other uses of |
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water within the county; |
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(c) holding water rights for conservation purposes, fish |
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and wildlife habitat protection, water quality, aquifer |
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management, for the protection of instream flows, or similar |
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purposes; |
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(d) appraising water rights or otherwise establish the |
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value of the water right; |
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(e) applying for and receiving grants, low-interest loans, |
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or other public or private financing mechanisms for funding the |
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acquisition of water rights; |
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(f) receiving funds from any source and in any form, such as |
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a gift, grant, loan, transfer, or bequest, to carry out the purposes |
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of the Trust; |
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(g) entering into contracts; |
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(h) assessing a transaction fee to cover the Trust's |
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administrative costs related to individual transactions; |
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(i) engaging in such other actions as necessary to |
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facilitate water transactions; |
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(j) keeping such books and records as necessary to account |
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for the activities of the Trust; and |
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(k) developing, establishing and implementing policies |
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necessary to carry out the purposes of the Trust. |
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SECTION 7. ENROLLMENT IN EDWARDS AQUIFER HABITAT |
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CONSERVATION PROGRAM. Edwards Aquifer water rights held by the |
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Trust may be enrolled in a Habitat Conservation Program implemented |
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by the Edwards Aquifer Authority and the Trust may receive any |
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funding associated with those programs. |
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SECTION 8. PURCHASE OPTION. The Trust has the option to |
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acquire a water right available on the open market in Uvalde County |
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by matching the highest offer made for that right. The holder of |
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the right shall notify the Trust of such offer not less than 10 days |
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prior to the proposed closing date for the transaction. |
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SECTION 9. GOVERNANCE. (a) The Trust would be governed by |
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a Board that would consist of the following persons who may serve |
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two consecutive, two-year staggered terms, the staggered terms to |
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be determined at the initial meeting of the Board: |
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1) One member of the City Council of each of Cities of |
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Uvalde and Sabinal, appointed by the Mayor of each respective City; |
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2) One member of the Knippa Independent School |
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District, to be appointed by the Chair of the Board of Trustees of |
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the Knippa Independent School District; |
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3) One member of the County Commissioners Court of |
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Uvalde County appointed by the County Judge; |
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4) One member of the Uvalde County Underground Water |
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Conservation District appointed by the Chair of the Uvalde County |
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Underground Water Conservation District; |
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5) The County Judge; and |
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6) The Mayor of the City of Uvalde; |
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(b) The Trust is subject to Chapters 551 and 552, Government |
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Code. |
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SECTION 10. STAFF. The General Manager of the Uvalde County |
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Underground Water Conservation District shall act as an ex officio |
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member of the Board and as the General Manager of the Trust. The |
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General Manager shall hire such staff and consultants as necessary |
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to carry out the functions and responsibilities of the Trust. |
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SECTION 11. REVIEW AND DISSOLUTION. The General Manager |
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shall submit a report to the Board on the fifth anniversary of the |
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effective date of the Trust, and every five years thereafter, |
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summarizing the effectiveness of the Trust in accomplishing its |
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purposes and goals, including the number and types of water |
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transactions entered into by the Trust, the costs associated with |
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those transactions, the price paid by the Trust for the water rights |
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acquired, the amount of revenues, grants, loans or other monies |
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held by the Trust, cash balances, and other information that would |
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inform the Board as to the effectiveness of the Trust. The Trust |
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shall continue in existence unless the Board finds that the Trust is |
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no longer effectively accomplishing its purposes and goals and |
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votes, by a two-thirds majority, to dissolve the Trust. |
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SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. |
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(a) |
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The proper and legal notice of the intention to introduce this |
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Act, setting forth the general substance of this Act, has been |
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published as provided by law, and the notice and a copy of this Act |
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have been furnished to all persons, agencies, officials, or |
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entities to which they are required to be furnished by the |
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constitution and other laws of this state, including the governor, |
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who has submitted the notice and act to the Texas Commission on |
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Environmental Quality. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 13. EFFECTIVE DATE. This Act takes effect |
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September 1, 2019. |