Bill Text: TX HB3998 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the transfer of the administration of surface water rights permitting from the Texas Commission on Environmental Quality to the Texas Water Development Board and the regulation of groundwater; authorizing fees; authorizing civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Natural Resources [HB3998 Detail]
Download: Texas-2019-HB3998-Introduced.html
86R11974 SLB-F | ||
By: Wilson | H.B. No. 3998 |
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relating to the transfer of the administration of surface water | ||
rights permitting from the Texas Commission on Environmental | ||
Quality to the Texas Water Development Board and the regulation of | ||
groundwater; authorizing fees; authorizing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 111.002, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 111.002. COMMON CARRIERS UNDER CHAPTER. A person is a | ||
common carrier subject to the provisions of this chapter if it: | ||
(1) owns, operates, or manages a pipeline or any part | ||
of a pipeline in the State of Texas for the transportation of crude | ||
petroleum or nonpotable water to or for the public for hire, or | ||
engages in the business of transporting crude petroleum or | ||
nonpotable water to another person by pipeline; | ||
(2) owns, operates, or manages a pipeline or any part | ||
of a pipeline in the State of Texas for the transportation of crude | ||
petroleum to or for the public for hire and the pipeline is | ||
constructed or maintained on, over, or under a public road or | ||
highway, or is an entity in favor of whom the right of eminent | ||
domain exists; | ||
(3) owns, operates, or manages a pipeline or any part | ||
of a pipeline in the State of Texas for the transportation of crude | ||
petroleum to or for the public for hire which is or may be | ||
constructed, operated, or maintained across, on, along, over, or | ||
under the right-of-way of a railroad, corporation, or other common | ||
carrier required by law to transport crude petroleum as a common | ||
carrier; | ||
(4) under lease, contract of purchase, agreement to | ||
buy or sell, or other agreement or arrangement of any kind, owns, | ||
operates, manages, or participates in ownership, operation, or | ||
management of a pipeline or part of a pipeline in the State of Texas | ||
for the transportation of crude petroleum, bought of others, from | ||
an oil field or place of production within this state to any | ||
distributing, refining, or marketing center or reshipping point | ||
within this state; | ||
(5) owns, operates, or manages, wholly or partially, | ||
pipelines for the transportation for hire of coal in whatever form | ||
or of any mixture of substances including coal in whatever form; | ||
(6) owns, operates, or manages, wholly or partially, | ||
pipelines for the transportation of carbon dioxide or hydrogen in | ||
whatever form to or for the public for hire, but only if such person | ||
files with the commission a written acceptance of the provisions of | ||
this chapter expressly agreeing that, in consideration of the | ||
rights acquired, it becomes a common carrier subject to the duties | ||
and obligations conferred or imposed by this chapter; or | ||
(7) owns, operates, or manages a pipeline or any part | ||
of a pipeline in the State of Texas for the transportation of | ||
feedstock for carbon gasification, the products of carbon | ||
gasification, or the derivative products of carbon gasification, in | ||
whatever form, to or for the public for hire, but only if the person | ||
files with the commission a written acceptance of the provisions of | ||
this chapter expressly agreeing that, in consideration of the | ||
rights acquired, it becomes a common carrier subject to the duties | ||
and obligations conferred or imposed by this chapter. | ||
SECTION 2. Section 5.012, Water Code, is amended to read as | ||
follows: | ||
Sec. 5.012. DECLARATION OF POLICY. (a) The commission is | ||
the agency of the state given primary responsibility for | ||
implementing the constitution and laws of this state relating to | ||
the conservation of natural resources and the protection of the | ||
environment. | ||
(b) The board is the agency of the state given primary | ||
responsibility for implementing the constitution and laws of this | ||
state relating to the conservation of water resources. | ||
SECTION 3. Section 5.013(a), Water Code, is amended to read | ||
as follows: | ||
(a) The commission has general jurisdiction over: | ||
(1) [ |
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[ |
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under Article III, Sections 52(b)(1) and (2), and Article XVI, | ||
Section 59, of the Texas Constitution; | ||
(2) [ |
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issuance of permits, enforcement of water quality rules, standards, | ||
orders, and permits, and water quality planning; | ||
(3) [ |
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certain federal projects; | ||
(4) [ |
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performance of other acts relating to the safe construction, | ||
maintenance, and removal of dams; | ||
(5) [ |
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prevention and control program; | ||
(6) [ |
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relating to inactive hazardous substance, pollutant, and | ||
contaminant disposal facilities; | ||
(7) [ |
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state's injection well program; | ||
(8) [ |
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involving underground water and water wells and drilled and mined | ||
shafts; | ||
(9) [ |
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regional waste disposal; | ||
(10) [ |
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commission by Chapters 361, 363, 382, 401, 505, 506, and 507, Health | ||
and Safety Code; and | ||
(11) [ |
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by this code and other laws of this state. | ||
SECTION 4. Section 5.501(b), Water Code, is amended to read | ||
as follows: | ||
(b) The commission may issue an emergency order under this | ||
subchapter after providing the notice and opportunity for hearing | ||
that the commission considers practicable under the circumstances | ||
or without notice or hearing. Notice [ |
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date set for a hearing if the commission requires notice and hearing | ||
before issuing the order. The commission shall give notice not | ||
later than the 20th day before the date set for a hearing on a | ||
temporary order. | ||
SECTION 5. Section 5.701(q), Water Code, is amended to read | ||
as follows: | ||
(q) Notwithstanding any other law, fees collected for | ||
deposit to the water resource management account under the | ||
following statutes may be appropriated and used to protect water | ||
resources in this state, including assessment of water quality, | ||
reasonably related to the activities of any of the persons required | ||
to pay a fee under: | ||
(1) Subsection [ |
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extent those fees are collected in connection with [ |
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water quality permits; | ||
(2) [ |
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[ |
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[ |
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[ |
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(3) [ |
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(4) [ |
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371.024, 371.026, and 371.062, Health and Safety Code. | ||
SECTION 6. Section 6.012(a), Water Code, is amended to read | ||
as follows: | ||
(a) The board has general jurisdiction over: | ||
(1) the development and implementation of a statewide | ||
water plan; | ||
(2) the administration of the state's various water | ||
assistance and financing programs including those created by the | ||
constitution; | ||
(3) the administration of the National Flood Insurance | ||
Program; [ |
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(4) water and water rights, including the issuance of | ||
water rights permits, water rights adjudication, cancellation of | ||
water rights, and enforcement of water rights; and | ||
(5) other areas specifically assigned to the board by | ||
this code or other law. | ||
SECTION 7. Section 7.051(b), Water Code, is amended to read | ||
as follows: | ||
(b) This subchapter does not apply to violations of Chapter | ||
[ |
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Safety Code. | ||
SECTION 8. Section 7.102, Water Code, is amended to read as | ||
follows: | ||
Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers, | ||
allows, or permits a violation of a statute, rule, order, or permit | ||
relating to Chapter 37 of this code, Chapter 366, 371, or 372, | ||
Health and Safety Code, Subchapter G, Chapter 382, Health and | ||
Safety Code, or Chapter 1903, Occupations Code, shall be assessed | ||
for each violation a civil penalty not less than $50 nor greater | ||
than $5,000 for each day of each violation as the court or jury | ||
considers proper. A person who causes, suffers, allows, or permits | ||
a violation of a statute, rule, order, or permit relating to any | ||
other matter within the commission's jurisdiction to enforce, other | ||
than violations of Chapter [ |
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Chapter 341, Health and Safety Code, shall be assessed for each | ||
violation a civil penalty not less than $50 nor greater than $25,000 | ||
for each day of each violation as the court or jury considers | ||
proper. Each day of a continuing violation is a separate violation. | ||
SECTION 9. Section 11.002, Water Code, is amended by adding | ||
Subdivision (2-a) and amending Subdivisions (6), (17), and (20) to | ||
read as follows: | ||
(2-a) "Executive administrator" means the executive | ||
administrator of the Texas Water Development Board. | ||
(6) "Appropriator" means a person who has made | ||
beneficial use of any water in a lawful manner under the provisions | ||
of any act of the legislature before the enactment of Chapter 171, | ||
General Laws, Acts of the 33rd Legislature, 1913, as amended, and | ||
who has filed with the State Board of Water Engineers a record of | ||
the [ |
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a person who makes or has made beneficial use of any water within | ||
the limitations of a permit lawfully issued by the board | ||
[ |
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(17) "Environmental flow standards" means those | ||
requirements adopted by the board [ |
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11.1471. | ||
(20) "Best management practices" means those | ||
voluntary efficiency measures developed by the [ |
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board that save a quantifiable amount of water, either directly or | ||
indirectly, and that can be implemented within a specified time | ||
frame. | ||
SECTION 10. Section 11.004, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.004. BOARD [ |
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OF JUDGMENTS, ETC. When any court of record renders a judgment, | ||
decree, or order affecting the title to any water right, claim, | ||
appropriation, or irrigation facility or affecting any matter over | ||
which the board [ |
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of the court shall immediately transmit to the board [ |
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certified copy of the judgment, decree, or order. | ||
SECTION 11. Sections 11.023(a) and (e), Water Code, are | ||
amended to read as follows: | ||
(a) To the extent that state water has not been set aside by | ||
the board [ |
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downstream instream flow needs or freshwater inflow needs, 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. | ||
(e) The amount of water appropriated for each purpose | ||
mentioned in this section shall be specifically appropriated for | ||
that purpose, subject to the preferences prescribed in Section | ||
11.024 [ |
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appropriation of a single amount or volume of water for more than | ||
one purpose of use. In the event that a single amount or volume of | ||
water is appropriated for more than one purpose of use, the total | ||
amount of water actually diverted for all of the authorized | ||
purposes may not exceed the total amount of water appropriated. | ||
SECTION 12. Sections 11.0235(c) and (d-3), Water Code, are | ||
amended to read as follows: | ||
(c) The legislature has expressly required the board | ||
[ |
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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 board's | ||
[ |
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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-3) The legislature finds that: | ||
(1) in those basins in which water is available for | ||
appropriation, the board [ |
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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 board [ |
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market approaches, both public and private, for filling the gap | ||
must be explored and pursued. | ||
SECTION 13. Sections 11.0236(h) and (m), Water Code, are | ||
amended to read as follows: | ||
(h) The board [ |
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the advisory group. | ||
(m) The advisory group is abolished on the date that the | ||
board [ |
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Section 11.1471 for all of the river basin and bay systems in this | ||
state. | ||
SECTION 14. Sections 11.02361(e) and (f), Water Code, are | ||
amended to read as follows: | ||
(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 board and | ||
[ |
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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 board and [ |
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and Wildlife Department[ |
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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. | ||
SECTION 15. Section 11.0237, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.0237. WATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO | ||
ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS. (a) The board | ||
[ |
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dedicated to environmental needs or bay and estuary inflows. The | ||
board [ |
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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 board's [ |
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obligations under Section 11.042(a-1), (b), or (c), 11.046(b), | ||
11.085(k)(1) [ |
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11.1491, 11.150, 11.152, 16.058, 16.059, or 18.004. | ||
SECTION 16. Section 11.026, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.026. PERFECTION OF AN APPROPRIATION. No right to | ||
appropriate water is perfected unless the water has been | ||
beneficially used for a purpose stated in the original declaration | ||
of intention to appropriate water or stated in a permit issued by | ||
the board [ |
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SECTION 17. Sections 11.031(a), (b), (c), (d), (e), and | ||
(g), Water Code, are amended to read as follows: | ||
(a) Not later than March 1 of each year, each person who has | ||
a water right issued by the board [ |
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diverted, or otherwise used state water during the preceding | ||
calendar year shall submit a written report to the board | ||
[ |
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report shall contain all information required by the board | ||
[ |
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inventory of the state's water resources. However, with the | ||
exception of those persons who hold water rights, no report is | ||
required of persons who take water solely for domestic or livestock | ||
purposes. | ||
(b) A person who fails to file an annual report with the | ||
board [ |
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comply with a request by the board [ |
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available under Subsection (d) is liable for a penalty for each day | ||
the person fails to file the statement or comply with the request | ||
after the applicable deadline in an amount not to exceed: | ||
(1) $100 per day if the person is the holder of a water | ||
right authorizing the appropriation of 5,000 acre-feet or less per | ||
year; or | ||
(2) $500 per day if the person is the holder of a water | ||
right authorizing the appropriation of more than 5,000 acre-feet | ||
per year. | ||
(c) The board [ |
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Subsection (a) [ |
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or uses state water in an area of the state where watermaster | ||
operations are established. | ||
(d) Each person who has a water right issued by the board | ||
[ |
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water shall maintain water use information required under | ||
Subsection (a) on a monthly basis during the months a water rights | ||
holder uses permitted water. The person shall make the information | ||
available to the board [ |
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request. The executive administrator [ |
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reasonable deadline by which a person must make available | ||
information requested by the board [ |
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subsection. | ||
(e) Except as provided by Subsection (a), the board | ||
[ |
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(d) only during a drought or other emergency shortage of water or in | ||
response to a complaint. | ||
(g) The board [ |
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which a report required under Subsection (a) may be submitted | ||
electronically through the Internet. | ||
SECTION 18. Section 11.034, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.034. RESERVOIR SITE: LAND AND RIGHTS-OF-WAY. An | ||
appropriator who is authorized to construct a dam or reservoir is | ||
granted the right-of-way, not to exceed 100 feet wide, and the | ||
necessary area for the site, over any public school land, | ||
university land, or asylum land of this state and the use of the | ||
rock, gravel, and timber on the site and right-of-way for | ||
construction purposes, after paying compensation as determined by | ||
the board [ |
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site and rights-of-way over private land by contract. | ||
SECTION 19. Sections 11.035(c), (d), (e), (f), and (g), | ||
Water Code, are amended to read as follows: | ||
(c) If the party exercising the power granted by this | ||
section is not a corporation, district, city, or town, the party | ||
[ |
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(d) The executive administrator [ |
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proposed condemnation investigated. After the investigation, the | ||
board [ |
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proposed to be condemned and hold a hearing on the proposed | ||
condemnation. | ||
(e) If after a hearing the board [ |
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that the condemnation is necessary, the executive administrator | ||
[ |
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the State of Texas for the use and benefit of the party who applied | ||
for the condemnation and all others similarly situated. | ||
(f) The parties at whose instance a condemnation suit is | ||
instituted shall pay the costs of the suit and condemnation in | ||
proportion to the benefits received by each party as fixed by the | ||
board [ |
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property, a party receiving the rights or property shall pay the | ||
amount of costs fixed by the board [ |
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(g) If, after the costs of the condemnation proceedings have | ||
been paid, a party seeks to take the benefits of the condemnation | ||
proceedings, the party [ |
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for the benefits. The board [ |
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and fix the fees and charges to be paid by the applicant. | ||
SECTION 20. Section 11.036(d), Water Code, is amended to | ||
read as follows: | ||
(d) If any person uses the stored or conserved water without | ||
first entering into a contract with the party that conserved or | ||
stored it, the user shall pay for the use at a rate determined by the | ||
board [ |
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review as in other cases. | ||
SECTION 21. Section 11.041, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.041. DENIAL OF WATER: COMPLAINT. (a) Any person | ||
entitled to receive or use water from any canal, ditch, flume, | ||
lateral, dam, reservoir, or lake or from any conserved or stored | ||
supply may present to the board [ |
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showing: | ||
(1) that the person [ |
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the water; | ||
(2) that the person [ |
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just and reasonable price for the water; | ||
(3) that the party owning or controlling the water | ||
supply has water not contracted to others and available for the | ||
petitioner's use; and | ||
(4) that the party owning or controlling the water | ||
supply fails or refuses to supply the available water to the | ||
petitioner, or that the price or rental demanded for the available | ||
water is not reasonable and just or is discriminatory. | ||
(b) If the petition is accompanied by a deposit of $25, the | ||
executive administrator [ |
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investigation of the complaint made and determine whether or not | ||
there are probable grounds for the complaint. | ||
(c) If, after preliminary investigation, the executive | ||
administrator [ |
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for the complaint, the board [ |
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setting a time and place for a hearing on the petition. | ||
(d) The board [ |
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make an additional deposit or execute a bond satisfactory to the | ||
board [ |
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conditioned on the payment of all costs of the proceeding. | ||
(e) At least 20 days before the date set for the hearing, the | ||
board [ |
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copy of the petition and a certified copy of the hearing order to | ||
the person against whom the complaint is made. | ||
(f) The board [ |
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complaint at the time and place stated in the order. It may hear | ||
evidence orally or by affidavit in support of or against the | ||
complaint, and it may hear arguments. The utility commission may | ||
participate in the hearing if necessary to present evidence on the | ||
price or rental demanded for the available water. On completion of | ||
the hearing, the board [ |
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decision. | ||
(g) If, after the preliminary investigation, the executive | ||
administrator [ |
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for the complaint, the executive administrator [ |
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dismiss the complaint. The board [ |
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the deposit or pay it into the State Treasury. | ||
SECTION 22. Section 11.042, Water Code, is amended by | ||
amending Subsections (a), (a-1), (b), and (c) and adding Subsection | ||
(e) to read as follows: | ||
(a) Under rules prescribed by the board [ |
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person, association of persons, corporation, water control and | ||
improvement district, water improvement district, or irrigation | ||
district supplying stored or conserved water under contract as | ||
provided in this chapter may use the bank and bed of any flowing | ||
natural stream in the state to convey the water from the place of | ||
storage to the place of use or to the diversion point of the | ||
appropriator. | ||
(a-1) With prior authorization granted under rules | ||
prescribed by the board [ |
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persons, corporation, water control and improvement district, | ||
water improvement district, or irrigation district supplying water | ||
imported from a source located wholly outside the boundaries of | ||
this state, except water imported from a source located in the | ||
United Mexican States, may use the bed and banks of any flowing | ||
natural stream in the state to convey water for use in this state. | ||
The authorization must: | ||
(1) allow for the diversion of only the amount of water | ||
put into a watercourse or stream, less carriage losses; and | ||
(2) include special conditions adequate to prevent a | ||
significant impact to the quality of water in this state. | ||
(b) A person who wishes to discharge and then subsequently | ||
divert and reuse the person's existing return flows derived from | ||
privately owned groundwater must obtain prior authorization from | ||
the board [ |
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return flows. The authorization may allow for the diversion and | ||
reuse by the discharger of existing return flows, less carriage | ||
losses, and shall be subject to special conditions if necessary to | ||
protect an existing water right that was granted based on the use or | ||
availability of these return flows. Special conditions may also be | ||
provided to help maintain instream uses and freshwater inflows to | ||
bays and estuaries. A person wishing to divert and reuse future | ||
increases of return flows derived from privately owned groundwater | ||
must obtain authorization to reuse increases in return flows before | ||
the increase. | ||
(c) Except as otherwise provided in Subsection (a) [ |
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water in a watercourse or stream must obtain the prior approval of | ||
the board [ |
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authorization shall allow to be diverted only the amount of water | ||
put into a watercourse or stream, less carriage losses and subject | ||
to any special conditions that may address the impact of the | ||
discharge, conveyance, and diversion on existing permits, | ||
certified filings, or certificates of adjudication, instream uses, | ||
and freshwater inflows to bays and estuaries. Water discharged | ||
into a watercourse or stream under this chapter shall not cause a | ||
degradation of water quality to the extent that the stream | ||
segment's classification would be lowered. [ |
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(e) The board may consult with the commission in determining | ||
special conditions for an authorization issued under this section. | ||
SECTION 23. Section 11.046(b), Water Code, is amended to | ||
read as follows: | ||
(b) In granting an application for a water right, the board | ||
[ |
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for the return of surplus water, in a specific amount or percentage | ||
of water diverted, and the return point on a watercourse or stream | ||
as necessary to protect senior downstream permits, certified | ||
filings, or certificates of adjudication or to provide flows for | ||
instream uses or bays and estuaries. | ||
SECTION 24. Section 11.053, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.053. EMERGENCY ORDER CONCERNING WATER RIGHTS. (a) | ||
During a period of drought or other emergency shortage of water, as | ||
defined by board [ |
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[ |
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rights established by Section 11.027: | ||
(1) temporarily suspend the right of any person who | ||
holds a water right to use the water; and | ||
(2) temporarily adjust the diversions of water by | ||
water rights holders. | ||
(b) The executive administrator [ |
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suspension or adjustment under this section shall ensure that an | ||
action taken: | ||
(1) maximizes the beneficial use of water; | ||
(2) minimizes the impact on water rights holders; | ||
(3) prevents the waste of water; | ||
(4) takes into consideration the efforts of the | ||
affected water rights holders to develop and implement the water | ||
conservation plans and drought contingency plans required by this | ||
chapter; | ||
(5) to the greatest extent practicable, conforms to | ||
the order of preferences established by Section 11.024; and | ||
(6) does not require the release of water that, at the | ||
time the order is issued, is lawfully stored in a reservoir under | ||
water rights associated with that reservoir. | ||
(c) The board [ |
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this section, including rules: | ||
(1) defining a drought or other emergency shortage of | ||
water for purposes of this section; and | ||
(2) specifying the: | ||
(A) conditions under which the executive | ||
administrator [ |
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(B) terms of an order issued under this section, | ||
including the maximum duration of a temporary suspension or | ||
adjustment under this section; and | ||
(C) procedures for notice of, an opportunity for | ||
a hearing on, and the appeal to the board [ |
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issued under this section. | ||
SECTION 25. Section 11.084, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.084. SALE OF PERMANENT WATER RIGHT WITHOUT A | ||
PERMIT. No person may sell or offer to sell a permanent water right | ||
unless the person [ |
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water by a certified filing, or unless the person [ |
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a permit from the board [ |
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water for the purposes for which the permanent water right is | ||
conveyed. | ||
SECTION 26. Section 11.0841(c), Water Code, is amended 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 board [ |
||
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 27. Sections 11.0842(a), (b), (c), (d), (e), (f), | ||
(g), (h), (i), (j), (k), (l), (m), (n), and (p), Water Code, are | ||
amended to read as follows: | ||
(a) If a person violates this chapter, a rule or order | ||
adopted under this chapter [ |
||
certified filing, or certificate of adjudication issued under this | ||
chapter, the board [ |
||
penalty against that person as provided by this section. The board | ||
[ |
||
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. | ||
(b) The penalty may be in an amount not to exceed $5,000 for | ||
each day the person is in violation of this chapter, the rule or | ||
order adopted under this chapter, or the permit, certified filing, | ||
or certificate of adjudication issued under this chapter. [ |
||
|
||
|
||
|
||
considered a separate violation for purposes of penalty assessment. | ||
(c) In determining the amount of the penalty, the board | ||
[ |
||
(1) the nature, circumstances, extent, duration, and | ||
gravity of the prohibited acts, with special emphasis on the | ||
impairment of an existing permit, certified filing, or certificate | ||
of adjudication or the hazard or potential hazard created to the | ||
health, safety, or welfare of the public; | ||
(2) the impact of the violation on the instream uses, | ||
water quality, fish and wildlife habitat, or beneficial freshwater | ||
inflows to bays and estuaries; | ||
(3) with respect to the alleged violator: | ||
(A) the history and extent of previous | ||
violations; | ||
(B) the degree of culpability, including whether | ||
the violation was attributable to mechanical or electrical failures | ||
and whether the violation could have been reasonably anticipated | ||
and avoided; | ||
(C) demonstrated good faith, including actions | ||
taken by the alleged violator to rectify the cause of the violation | ||
and to compensate affected persons; | ||
(D) any economic benefit gained through the | ||
violation; and | ||
(E) the amount necessary to deter future | ||
violations; and | ||
(4) any other matters that justice may require. | ||
(d) If, after examination of a possible violation and the | ||
facts surrounding that possible violation, the executive | ||
administrator [ |
||
the executive administrator [ |
||
report stating the facts on which that conclusion was based, | ||
recommending that an administrative penalty under this section be | ||
imposed on the person charged, and recommending the amount of the | ||
penalty. The executive administrator [ |
||
recommended amount of the proposed penalty on the factors provided | ||
by Subsection (c) [ |
||
for the benefit of the board [ |
||
(e) No later than the 10th day after the date on which the | ||
report is issued, the executive administrator [ |
||
written notice of the report to the person charged with the | ||
violation. The notice shall include a brief summary of the charges, | ||
a statement of the amount of the penalty recommended, and a | ||
statement of the right of the person charged to a hearing on the | ||
occurrence of the violation, the amount of the penalty, or both the | ||
occurrence of the violation and the amount of the penalty. | ||
(f) No later than the 20th day after the date on which notice | ||
is received, the person charged may either give to the board | ||
[ |
||
[ |
||
written request for a hearing. | ||
(g) If the person charged with the violation consents to the | ||
penalty recommended by the executive administrator [ |
||
fails to timely respond to the notice, the board [ |
||
order shall either assess the penalty or order a hearing to be held | ||
on the findings and recommendations in the executive | ||
administrator's [ |
||
assesses the penalty recommended by the report, the board | ||
[ |
||
person charged. | ||
(h) If the person charged requests or the board [ |
||
orders a hearing, the board [ |
||
give notice of the hearing. As a result of the hearing, the board | ||
[ |
||
and may assess a penalty, may find that a violation has occurred but | ||
that no penalty should be assessed, or may find that no violation | ||
has occurred. All proceedings under this subsection are subject to | ||
Chapter 2001, Government Code. In making any penalty decision, the | ||
board [ |
||
Subsection (c) [ |
||
(i) The board [ |
||
to the person charged, and if the board [ |
||
violation has occurred and assesses an administrative penalty, the | ||
board [ |
||
of its findings, of the amount of the penalty, and of the person's | ||
right to judicial review of the board's [ |
||
the board [ |
||
this subsection or Subsection (g) [ |
||
[ |
||
Register not later than the 10th day after the date on which the | ||
decision is adopted. | ||
(j) Within the 30-day period immediately following the day | ||
on which the board's [ |
||
Subchapter F, Chapter 2001, Government Code, the person charged | ||
with the penalty shall: | ||
(1) pay the penalty in full; | ||
(2) pay the amount of the penalty and file a petition | ||
for judicial review contesting the occurrence of the violation, the | ||
amount of the penalty, or both the occurrence of the violation and | ||
the amount of the penalty; or | ||
(3) without paying the amount of the penalty, file a | ||
petition for judicial review contesting the occurrence of the | ||
violation, the amount of the penalty, or both the occurrence of the | ||
violation and the amount of the penalty. | ||
(k) Within the 30-day period, a person who acts under | ||
Subsection (j)(3) [ |
||
(1) stay enforcement of the penalty by: | ||
(A) paying the amount of the penalty to the court | ||
for placement in an escrow account; or | ||
(B) giving to the court a supersedeas bond that | ||
is approved by the court for the amount of the penalty and that is | ||
effective until all judicial review of the board's [ |
||
order is final; or | ||
(2) request the court to stay enforcement of the | ||
penalty by: | ||
(A) filing with the court a sworn affidavit of | ||
the person stating that the person is financially unable to pay the | ||
amount of the penalty and is financially unable to give the | ||
supersedeas bond; and | ||
(B) giving a copy of the affidavit to the board | ||
[ |
||
(l) If the board [ |
||
affidavit under Subsection (k)(2) [ |
||
with the court within five days after the date the copy is received | ||
a contest to the affidavit. The court shall hold a hearing on the | ||
facts alleged in the affidavit as soon as practicable and shall stay | ||
the enforcement of the penalty on finding that the alleged facts are | ||
true. The person who files an affidavit has the burden of proving | ||
that the person is financially unable to pay the amount of the | ||
penalty and to give a supersedeas bond. | ||
(m) If the person does not pay the amount of the penalty and | ||
the enforcement of the penalty is not stayed, the board | ||
[ |
||
collection of the amount of the penalty. | ||
(n) Judicial review of the order or decision of the board | ||
[ |
||
evidence rule and shall be instituted by filing a petition with a | ||
district court in Travis County, as provided by Subchapter G, | ||
Chapter 2001, Government Code. | ||
(p) Notwithstanding any other provision to the contrary, | ||
the board [ |
||
without condition, any penalty imposed under this section. | ||
SECTION 28. Sections 11.0843(a) and (b), Water Code, are | ||
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 | ||
administrator [ |
||
administrator [ |
||
watermaster's deputy, 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) and | ||
taking remedial action as provided in the citation; or | ||
(2) requesting a hearing on the alleged violation in | ||
accordance with Section 11.0842. | ||
(b) By rule the board [ |
||
amounts corresponding to types of violations of this chapter or | ||
rules or orders adopted or water rights issued under this chapter. | ||
SECTION 29. Subchapter C, Chapter 11, Water Code, is | ||
amended by adding Section 11.0844 to read as follows: | ||
Sec. 11.0844. INJUNCTIVE RELIEF. (a) The executive | ||
administrator may enforce a board rule adopted under this chapter | ||
or a provision of a permit issued by the board under this chapter by | ||
injunction or other appropriate remedy. | ||
(b) If it appears that a violation or threat of violation of | ||
this chapter or a rule adopted or an order or a permit issued under | ||
this chapter has occurred or is about to occur, the executive | ||
administrator may have a suit instituted in district court for | ||
injunctive relief to restrain the violation or threat of violation. | ||
(c) The suit may be brought in the county in which the | ||
defendant resides or in the county in which the violation or threat | ||
of violation occurs. | ||
(d) In a suit brought under this section to enjoin a | ||
violation or threat of violation described by Subsection (b), the | ||
court may grant the board, without bond or other undertaking, any | ||
prohibitory or mandatory injunction the facts may warrant, | ||
including a temporary restraining order and, after notice and | ||
hearing, a temporary injunction or permanent injunction. | ||
(e) On request of the executive administrator, the attorney | ||
general or the prosecuting attorney in a county in which the | ||
violation occurs shall initiate a suit in the name of the state for | ||
injunctive relief. The suit may be brought independently of or in | ||
conjunction with a suit under Section 11.082. | ||
SECTION 30. Sections 11.085(a), (d), (e), (i), (j), (k), | ||
(l), and (m), Water Code, are amended to read as follows: | ||
(a) No person may take or divert any state water from a river | ||
basin in this state and transfer such water to any other river basin | ||
without first applying for and receiving a water right or an | ||
amendment to a permit, certified filing, or certificate of | ||
adjudication from the board [ |
||
(d) Prior to taking action on an application for an | ||
interbasin transfer, the board [ |
||
one public meeting to receive comments in both the basin of origin | ||
of the water proposed for transfer and the basin receiving water | ||
from the proposed transfer. Notice shall be provided pursuant to | ||
Subsection (g) [ |
||
information and data at the meeting on the criteria which the board | ||
[ |
||
(e) In addition to the public meetings required by | ||
Subsection (d), if the application is contested in a manner | ||
requiring an evidentiary hearing under the rules of the board | ||
[ |
||
evidentiary hearing, in accordance with board [ |
||
and applicable state law. An evidentiary hearing on an application | ||
to transfer water authorized under an existing water right is | ||
limited to considering issues related to the requirements of this | ||
section. | ||
(i) The applicant shall pay the cost of notice required to | ||
be provided under this section. The board [ |
||
establish procedures for payment of those costs. | ||
(j) In addition to other requirements of this code relating | ||
to the review of and action on an application for a new water right | ||
or amended permit, certified filing, or certificate of | ||
adjudication, the board [ |
||
(1) request review and comment on an application for | ||
an interbasin transfer from each county judge of a county located in | ||
whole or in part in the basin of origin. A county judge should make | ||
comment only after seeking advice from the county commissioners | ||
court; and | ||
(2) give consideration to the comments of each county | ||
judge of a county located in whole or in part in the basin of origin | ||
prior to taking action on an application for an interbasin | ||
transfer. | ||
(k) In addition to other requirements of this code relating | ||
to the review of and action on an application for a new water right | ||
or amended permit, certified filing, or certificate of | ||
adjudication, the board [ |
||
proposed transfer by considering: | ||
(1) [ |
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
transfer that are reasonably expected to occur on [ |
||
|
||
habitat, and bays and estuaries that must be assessed under | ||
Sections 11.147, 11.150, and 11.152 [ |
||
If the water sought to be transferred is currently authorized to be | ||
used under an existing permit, certified filing, or certificate of | ||
adjudication, such impacts shall only be considered in relation to | ||
that portion of the permit, certified filing, or certificate of | ||
adjudication proposed for transfer and shall be based on historical | ||
uses of the permit, certified filing, or certificate of | ||
adjudication for which amendment is sought; | ||
[ |
||
|
||
[ |
||
|
||
|
||
|
||
(2) [ |
||
the applicant. | ||
(l) The board [ |
||
an application for an interbasin transfer only to the extent that: | ||
(1) the detriments to the basin of origin during the | ||
proposed transfer period are less than the benefits to the | ||
receiving basin during the proposed transfer period, as determined | ||
by the board [ |
||
described by Subsection (k); and | ||
(2) the applicant for the interbasin transfer has | ||
prepared a drought contingency plan and has developed and | ||
implemented a water conservation plan that will result in the | ||
highest practicable levels of water conservation and efficiency | ||
achievable within the jurisdiction of the applicant. | ||
(m) The board [ |
||
rights under this section with or without specific terms or periods | ||
of use and with specific conditions under which a transfer of water | ||
may occur. | ||
SECTION 31. Sections 11.087(b) and (c), Water Code, are | ||
amended to read as follows: | ||
(b) The board [ |
||
orders to implement the provisions of this section, including rules | ||
and orders designed to: | ||
(1) establish an orderly system for water releases and | ||
diversions in order to protect vested rights and to avoid the loss | ||
of released water; | ||
(2) prescribe the time that releases of water may | ||
begin and end; | ||
(3) determine the proportionate quantities of the | ||
released water in transit and the water that would have been flowing | ||
in the stream without the addition of the released water; | ||
(4) require each owner or operator of a dam or | ||
reservoir on the stream between the point of release and the point | ||
of destination to allow free passage of the released water in | ||
transit; and | ||
(5) establish other requirements the board | ||
[ |
||
section. | ||
(c) Orders made by the board [ |
||
rules under this section shall be mailed by certified mail to each | ||
diverter of water and to each reservoir owner on the stream between | ||
the point of release and the point of destination of the released | ||
water as shown by the records of the board [ |
||
SECTION 32. Section 11.0871, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.0871. TEMPORARY DIVERSION OF WATER ON INTERNATIONAL | ||
STREAM. (a) The board [ |
||
conditions stated in an order, a watermaster to provide for the | ||
temporary diversion and use by holders of water rights of storm | ||
water or floodwater that spills from dams and reservoirs on an | ||
international stream and otherwise would flow into the Gulf of | ||
Mexico without opportunity for beneficial use. | ||
(b) In an order made by the board [ |
||
section, the board [ |
||
holders of water rights from an international stream except to the | ||
extent necessary to protect the holders of water rights from the | ||
same source of supply. | ||
(c) The board [ |
||
holders of water rights from an international stream and shall hold | ||
an evidentiary hearing before entry of an order under this section. | ||
SECTION 33. Section 11.093, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.093. ABATEMENT OF WASTE AS PUBLIC NUISANCE. (a) A | ||
person who permits an unreasonable loss of water through faulty | ||
design or negligent operation of any waterworks using water for a | ||
purpose named in this chapter commits waste, and the board | ||
[ |
||
nuisance. The board [ |
||
abate the nuisance. Also, any person who may be injured by the | ||
waste may sue in the district court having jurisdiction over the | ||
works causing the waste to have the operation of the works abated as | ||
a public nuisance. | ||
(b) In case of a wasteful use of water defined by Section | ||
11.092 [ |
||
to be a public nuisance and shall act to abate the nuisance by | ||
directing the person supplying the water to close the water gates of | ||
the person wasting the water and to keep them closed until the board | ||
[ |
||
corrected. | ||
SECTION 34. Section 11.097, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.097. REMOVAL OF OBSTRUCTIONS FROM NAVIGABLE | ||
STREAMS. (a) On its own motion or on written request from a | ||
commissioners court, the board [ |
||
reported natural obstruction in a navigable stream caused by the | ||
accumulation of limbs, logs, leaves, other tree parts, or other | ||
debris. If making the investigation on request of a commissioners | ||
court, the board [ |
||
than the 30th day after the date on which it receives the written | ||
request from the commissioners court. | ||
(b) On completion of the investigation, if the board | ||
[ |
||
or is having other detrimental effect on the navigable stream, the | ||
board [ |
||
(c) In removing an obstruction, the board [ |
||
solicit the assistance of federal and state agencies including the | ||
Corps of Engineers, Texas National Guard, the Parks and Wildlife | ||
Department, and districts and authorities created under Article | ||
III, Sections 52(b)(1) and (2), or Article XVI, Section 59, of the | ||
Texas Constitution. Also, the board [ |
||
contracts for services required to remove an obstruction. However, | ||
no river authority may require the removal, relocation, or | ||
reconfiguration of a floating structure which was in place before | ||
September 1, 1987, [ |
||
effective date of any ordinance, rule, resolution, or other act of | ||
the river authority mandating such action unless the board | ||
[ |
||
navigation. | ||
SECTION 35. Section 11.121, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.121. PERMIT REQUIRED. Except as provided in | ||
Sections 11.1405, 11.142, 11.1421, 11.1422, and 18.003, no person | ||
may appropriate any state water or begin construction of any work | ||
designed for the storage, taking, or diversion of water without | ||
first obtaining a permit from the board [ |
||
appropriation. | ||
SECTION 36. Sections 11.122(a) and (c), Water Code, are | ||
amended to read as follows: | ||
(a) All holders of permits, certified filings, and | ||
certificates of adjudication issued under former Section 11.323 [ |
||
|
||
change the place of use, purpose of use, point of diversion, rate of | ||
diversion, acreage to be irrigated, or otherwise alter a water | ||
right. Without obtaining an amendment, the holder of a permit, | ||
certified filing, or certificate of adjudication that includes | ||
industrial or irrigation use may use or supply water for an | ||
agricultural use that was classified as industrial or irrigation | ||
before September 1, 2001. | ||
(c) The board [ |
||
the provisions of this section. | ||
SECTION 37. Section 11.123, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.123. PERMIT PREFERENCES. The board [ |
||
shall give preference to applications in the order declared in | ||
Section 11.024 [ |
||
effectuate the maximum utilization of water and are calculated to | ||
prevent the escape of water without contribution to a beneficial | ||
public service. | ||
SECTION 38. Section 11.126, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.126. BOARD [ |
||
proposed taking or diversion of water for irrigation exceeds nine | ||
cubic feet per second, the executive administrator [ |
||
require additional information as prescribed by this section. | ||
(b) The executive administrator [ |
||
continuous longitudinal profile, cross sections of the proposed | ||
channel, and the detail plans of any proposed structure, on any | ||
scales and with any definition the executive administrator | ||
[ |
||
(c) If the application proposes construction of a dam | ||
greater than six feet in height either for diversion or storage, the | ||
executive administrator [ |
||
of all plans and specifications and a copy of the engineer's field | ||
notes of any survey of the lake or reservoir. No work on the project | ||
shall proceed until approval of the plans is obtained from the | ||
executive administrator [ |
||
(d) If the applicant is a corporation, the board | ||
[ |
||
incorporation, a statement of the names and addresses of its | ||
directors and officers, and a statement of the amount of its | ||
authorized capital stock and its paid-up capital stock. | ||
(e) If the applicant is not a corporation, the board | ||
[ |
||
and address of each person interested in the appropriation, the | ||
extent of the person's [ |
||
financial condition. | ||
SECTION 39. Section 11.127, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.127. ADDITIONAL REQUIREMENTS: DRAINAGE PLANS. If | ||
the board [ |
||
existing or proposed irrigation system may be adversely affected by | ||
lack of adequate drainage facilities incident to the work proposed | ||
to be done by an applicant, the board [ |
||
applicant to submit to the executive administrator [ |
||
approval plans for drainage adequate to guard against any injury | ||
which the proposed work may entail. | ||
SECTION 40. Section 11.1271, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.1271. ADDITIONAL REQUIREMENTS: WATER CONSERVATION | ||
PLANS. (a) The board [ |
||
for a new or amended water right the formulation and submission of a | ||
water conservation plan and the adoption of reasonable water | ||
conservation measures, as defined by Subdivision (8)(B), Section | ||
11.002[ |
||
(b) The board [ |
||
existing permit, certified filing, or certificate of adjudication | ||
for the appropriation of surface water in the amount of 1,000 | ||
acre-feet a year or more for municipal, industrial, and other uses, | ||
and 10,000 acre-feet a year or more for irrigation uses, to develop, | ||
submit, and implement a water conservation plan, consistent with | ||
the appropriate approved regional water plan, that adopts | ||
reasonable water conservation measures as defined by Subdivision | ||
(8)(B), Section 11.002[ |
||
conservation plan under this section shall not result in the need | ||
for an amendment to an existing permit, certified filing, or | ||
certificate of adjudication. | ||
(c) All [ |
||
plans required under this section must include specific, quantified | ||
5-year and 10-year targets for water savings. The entity preparing | ||
the plan shall establish the targets. Targets must include goals | ||
for water loss programs and goals for municipal use in gallons per | ||
capita per day. | ||
(d) The [ |
||
quantified target goals for water conservation that water suppliers | ||
and other entities may use as guidelines in preparing water | ||
conservation plans. Goals established under this subsection are | ||
not enforceable requirements. | ||
(e) The [ |
||
model water conservation programs for different types of water | ||
suppliers that suggest best management practices for achieving the | ||
highest practicable levels of water conservation and efficiency | ||
achievable for each specific type of water supplier. | ||
(f) The board [ |
||
(1) establishing criteria and deadlines for | ||
submission of water conservation plans, including any required | ||
amendments, and for submission of implementation reports; and | ||
(2) requiring the methodology and guidance for | ||
calculating water use and conservation developed under Section | ||
16.403 to be used in the water conservation plans required by this | ||
section. | ||
(g) At a minimum, rules adopted under Subsection (f)(2) must | ||
require an entity to report the most detailed level of municipal | ||
water use data currently available to the entity. The board | ||
[ |
||
municipal water use data that is more detailed than the entity's | ||
billing system is capable of producing. | ||
SECTION 41. Section 11.1272, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.1272. ADDITIONAL REQUIREMENT: DROUGHT CONTINGENCY | ||
PLANS FOR CERTAIN APPLICANTS AND WATER RIGHT HOLDERS. (a) The | ||
board [ |
||
public water suppliers and irrigation districts to develop drought | ||
contingency plans consistent with the appropriate approved | ||
regional water plan to be implemented during periods of water | ||
shortages and drought. | ||
(b) The wholesale and retail public water suppliers and | ||
irrigation districts shall provide an opportunity for public input | ||
during preparation of their drought contingency plans and before | ||
submission of the plans to the board [ |
||
(c) A [ |
||
by board [ |
||
specific, quantified targets for water use reductions to be | ||
achieved during periods of water shortages and drought. The entity | ||
preparing the plan shall establish the targets. | ||
(d) The [ |
||
identify quantified target goals for drought contingency plans that | ||
wholesale and retail public water suppliers, irrigation districts, | ||
and other entities may use as guidelines in preparing drought | ||
contingency plans. Goals established under this subsection are not | ||
enforceable requirements. | ||
(e) The [ |
||
model drought contingency programs for different types of water | ||
suppliers that suggest best management practices for accomplishing | ||
the highest practicable levels of water use reductions achievable | ||
during periods of water shortages and drought for each specific | ||
type of water supplier. | ||
SECTION 42. Sections 11.1273(b), (c), (d), and (e), Water | ||
Code, are amended to read as follows: | ||
(b) Not later than the first anniversary of the date the | ||
executive administrator [ |
||
to amend a water management plan is administratively complete, the | ||
executive administrator [ |
||
review of the plan. | ||
(c) If the executive administrator [ |
||
written request for additional information to the applicant, the | ||
applicant shall submit the requested information to the executive | ||
administrator [ |
||
the applicant receives the request or not later than the deadline | ||
agreed to by the executive administrator [ |
||
applicant, if applicable. The review period required by Subsection | ||
(b) for completing the technical review is tolled until the date the | ||
executive administrator [ |
||
information from the applicant. | ||
(d) The board [ |
||
public comment and a public hearing on the application, consistent | ||
with the process for other water rights applications. | ||
(e) If the board [ |
||
hearing before the period for submitting public comments and | ||
requesting a hearing expires, the board [ |
||
the request for a hearing and, if the request is denied, act on the | ||
application not later than the 60th day after the date the period | ||
expires. If a request for a hearing is not submitted before the | ||
period expires, the executive administrator [ |
||
the application. | ||
SECTION 43. Section 11.128, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.128. PAYMENT OF FEE. The applicant shall pay the | ||
filing fee prescribed by Section 12.111(e) [ |
||
application is filed. The board [ |
||
or consider the application until the executive administrator | ||
[ |
||
paid. | ||
SECTION 44. Section 11.129, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.129. REVIEW OF APPLICATION; AMENDMENT. The board | ||
[ |
||
other materials comply with the requirements of this chapter and | ||
the rules of the board [ |
||
require amendment of the application, maps, or other materials to | ||
achieve necessary compliance. | ||
SECTION 45. Section 11.130, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.130. RECORDING APPLICATIONS. (a) The executive | ||
administrator [ |
||
appropriations recorded in a well-bound book kept for that purpose | ||
in the board [ |
||
(b) The executive administrator [ |
||
applications indexed alphabetically in the name of: | ||
(1) the applicant; | ||
(2) the stream or source from which the appropriation | ||
is sought to be made; and | ||
(3) the county in which the appropriation is sought to | ||
be made. | ||
SECTION 46. Section 11.131, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.131. EXAMINATION AND DENIAL OF APPLICATION WITHOUT | ||
HEARING. (a) The board [ |
||
examination of the application, and if it appears that there is no | ||
unappropriated water in the source of supply or that the proposed | ||
appropriation should not be allowed for other reasons, the board | ||
[ |
||
(b) If the board [ |
||
this section and the applicant elects not to proceed further, the | ||
board [ |
||
application returned to the applicant. | ||
SECTION 47. Section 11.1311(a), Water Code, is amended to | ||
read as follows: | ||
(a) If a permit for a reservoir project which is listed on | ||
the effective date of this section as a recommended project in the | ||
current state water plan has been abandoned, voluntarily canceled, | ||
or forfeited for failure to commence construction within the time | ||
specified by law, and the reservoir project site is owned by a | ||
municipality, river authority, other political subdivision, or | ||
water supply corporation organized under Chapter 67, the board | ||
[ |
||
to the board without notice or hearing[ |
||
|
||
SECTION 48. Section 11.132, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.132. NOTICE. (a) Notice shall be given to the | ||
persons who in the judgment of the board [ |
||
affected by an application, including those persons listed in | ||
Subdivision (2), Subsection (d)[ |
||
[ |
||
the request of the executive administrator [ |
||
affected person, shall hold a public hearing on the application. | ||
(b) If the proposed use is for irrigation, the board | ||
[ |
||
the location and area of the land to be irrigated. | ||
(c) In the notice, the board [ |
||
(1) state the name and address of the applicant; | ||
(2) state the date the application was filed; | ||
(3) state the purpose and extent of the proposed | ||
appropriation of water; | ||
(4) identify the source of supply and the place where | ||
the water is to be stored or taken or diverted from the source of | ||
supply; | ||
(5) identify any proposed alternative source of water, | ||
other than state water, identified by the applicant; | ||
(6) specify the time and location where the board | ||
[ |
||
(7) give any additional information the board | ||
[ |
||
(d) The board [ |
||
without holding a public hearing if: | ||
(1) not less than 30 days before the date of action on | ||
the application by the board [ |
||
published the board's [ |
||
least once in a newspaper regularly published or circulated within | ||
the section of the state where the source of water is located; | ||
(2) not less than 30 days before the date of action on | ||
the application by the board [ |
||
mails a copy of the notice by first-class mail, postage prepaid, to: | ||
(A) each claimant or appropriator of water from | ||
the source of water supply, the record of whose claim or | ||
appropriation has been filed with the board [ |
||
(B) each groundwater conservation district with | ||
jurisdiction over the proposed groundwater production, if the | ||
applicant proposes to use groundwater from a well located within a | ||
groundwater conservation district as an alternative source of | ||
water; and | ||
(C) all navigation districts within the river | ||
basin concerned; and | ||
(3) within 30 days after the date of the newspaper | ||
publication of the board's [ |
||
has not been requested in writing by a board member [ |
||
the executive administrator [ |
||
objects to the application. | ||
(e) The inadvertent failure of the board [ |
||
mail a notice under Subdivision (2), Subsection (d), [ |
||
|
||
appropriator of water does not prevent the board's [ |
||
consideration of the application. | ||
(f) If, on the date specified in the notice prescribed by | ||
Subsection (c) [ |
||
that a public hearing must be held, the matter shall be remanded for | ||
hearing without the necessity of issuing further notice other than | ||
advising all parties of the time and place where the hearing is to | ||
convene. | ||
SECTION 49. Section 11.133, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.133. HEARING. At the time and place stated in the | ||
notice, the board [ |
||
application. Any person may appear at the hearing in person or by | ||
attorney or may enter an [ |
||
who appears may present objection to the issuance of the permit. | ||
The board [ |
||
affidavit, in support of or in opposition to the issuance of the | ||
permit, and it may hear arguments. | ||
SECTION 50. Section 11.134, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.134. ACTION ON APPLICATION. (a) After the hearing, | ||
the board [ |
||
denying the application. The application may be granted or denied | ||
in whole or in part. | ||
(b) The board [ |
||
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 board [ |
||
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 Section 11.002(8)(B). | ||
(b-1) In determining whether an appropriation is | ||
detrimental to the public welfare under Subsection (b)(3)(C), the | ||
board [ |
||
the jurisdiction and expertise of the board [ |
||
established by this chapter. | ||
(c) The board [ |
||
may not issue a water right for municipal purposes in a region that | ||
does not have an approved regional water plan in accordance with | ||
Section 16.053(i) unless the board [ |
||
conditions warrant waiver of this requirement. | ||
SECTION 51. Section 11.135, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.135. ISSUANCE OF PERMIT. (a) On approval of an | ||
application, the board [ |
||
applicant. The applicant's right to take and use water is limited | ||
to the extent and purposes stated in the permit. | ||
(b) The permit shall be in writing and attested by the seal | ||
of the board [ |
||
following information: | ||
(1) the name of the person to whom the permit is | ||
issued; | ||
(2) the date the permit is issued; | ||
(3) the date the original application was filed; | ||
(4) the use or purpose for which the appropriation is | ||
to be made; | ||
(5) the amount or volume of water authorized to be | ||
appropriated for each purpose; if use of the appropriated water is | ||
authorized for multiple purposes, the permit shall contain a | ||
special condition limiting the total amount of water that may | ||
actually be diverted for all of the purposes to the amount of water | ||
appropriated; | ||
(6) a general description of the source of supply from | ||
which the appropriation is proposed to be made, including any | ||
alternative source of water that is not state water; | ||
(7) the time within which construction or work must | ||
begin and the time within which it must be completed; and | ||
(8) any other information the board [ |
||
prescribes. | ||
(c) If the appropriation is for irrigation, the board | ||
[ |
||
statement of the approximate area of the land to be irrigated. | ||
SECTION 52. Section 11.1351, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.1351. PERMIT RESTRICTIONS. In granting an | ||
application, the board [ |
||
restrictions and other conditions and restrictions be placed in the | ||
permit being issued to protect the priority of senior water rights. | ||
SECTION 53. Section 11.136(a), Water Code, is amended to | ||
read as follows: | ||
(a) The board [ |
||
registered mail to the county clerk of the county in which the | ||
appropriation is to be made. | ||
SECTION 54. Sections 11.137(a) and (c), Water Code, are | ||
amended to read as follows: | ||
(a) The board [ |
||
same manner that it issues regular permits. The provisions of this | ||
chapter governing issuance of regular permits apply to issuance of | ||
seasonal permits. | ||
(c) In a seasonal permit, the board [ |
||
specify the conditions necessary to fully protect prior | ||
appropriations or vested rights on the stream. | ||
SECTION 55. Sections 11.138(a), (b), (d), (f), and (g), | ||
Water Code, are amended to read as follows: | ||
(a) The board [ |
||
beneficial purposes to the extent that they do not interfere with or | ||
adversely affect prior appropriations or vested rights on the | ||
stream from which water is to be diverted under such temporary | ||
permit. The board [ |
||
authorize any member of the board [ |
||
temporary permits without notice and hearing if it appears to such | ||
issuing party that sufficient water is available at the proposed | ||
point of diversion to satisfy the requirements of the temporary | ||
permit as well as all existing rights. No temporary permit issued | ||
without notice and hearing shall authorize more than 10 acre-feet | ||
of water, nor may it be for a term in excess of one year. | ||
(b) The board [ |
||
notice and procedure for the issuance of temporary permits. | ||
(d) The board [ |
||
for a period exceeding three calendar years. | ||
(f) A temporary permit expires and shall be cancelled by the | ||
board [ |
||
(g) The board [ |
||
be paid for issuance of temporary permits, but no fee for issuance | ||
or extension of a temporary permit shall exceed $500. | ||
SECTION 56. Sections 11.1381(a), (b), and (c), Water Code, | ||
are amended to read as follows: | ||
(a) Until a water right is perfected to the full extent | ||
provided by Section 11.026 [ |
||
may issue permits for a term of years for use of state water to which | ||
a senior water right has not been perfected. | ||
(b) The board [ |
||
application for a permit under this section if the board | ||
[ |
||
issuance of the permit will jeopardize financial commitments made | ||
for water projects that have been built or that are being built to | ||
optimally develop the water resources of the area. | ||
(c) The board [ |
||
application for a term permit if the holder of the senior | ||
appropriative water right can demonstrate that the issuance of the | ||
term permit would prohibit the senior appropriative water right | ||
holder from beneficially using the senior rights during the term of | ||
the term permit. Such demonstration will be made using reasonable | ||
projections based on accepted methods. | ||
SECTION 57. Sections 11.139(a), (b), (c), (d), (e), (f), | ||
(g), (h), (i), (j), and (k), Water Code, are amended to read as | ||
follows: | ||
(a) Except as provided by Section 11.148 [ |
||
board [ |
||
amendment to an existing permit, certified filing, or certificate | ||
of adjudication after notice to the governor for an initial period | ||
of not more than 120 days if the board [ |
||
emergency conditions exist which present an imminent threat to the | ||
public health and safety and which override the necessity to comply | ||
with established statutory procedures and there are no feasible | ||
practicable alternatives to the emergency authorization. Such | ||
emergency action may be renewed once for not longer than 60 days. | ||
(b) A person desiring to obtain an emergency authorization | ||
under this section shall submit to the board [ |
||
application containing the following information: | ||
(1) a description of the condition of emergency | ||
justifying the granting of the emergency authorization; | ||
(2) a statement setting forth facts which support the | ||
findings required under this section; | ||
(3) an estimate of the dates on which the proposed | ||
authorization should begin and end; | ||
(4) a description of the action sought and the | ||
activity proposed to be allowed, mandated, or prohibited; and | ||
(5) any other statements or information required by | ||
the board [ |
||
(c) If the board [ |
||
statement made under Subsection (b) [ |
||
correct, the board [ |
||
under this section without notice and hearing or with such notice | ||
and hearing as the board [ |
||
the circumstances. | ||
(d) If the board [ |
||
authorization under this section without a hearing, the | ||
authorization shall fix a time and place for a hearing to be held | ||
before the board [ |
||
after the emergency authorization is granted as is practicable but | ||
not later than 20 days after the emergency authorization is | ||
granted. | ||
(e) At the hearing, the board [ |
||
modify, or set aside the emergency authorization. Any hearing on an | ||
emergency authorization shall be conducted in accordance with | ||
Chapter 2001, Government Code, and rules of the board [ |
||
(f) If an imminent threat to the public health and safety | ||
exists which requires emergency action before the board | ||
[ |
||
(c) [ |
||
executive administrator [ |
||
authorization after notice to the governor. If the executive | ||
administrator [ |
||
this subsection, the board [ |
||
provided for in Subsections (d) and (e) [ |
||
requirements of Subsection (b) [ |
||
by the applicant before action is taken by the executive | ||
administrator [ |
||
authorization. | ||
(g) The requirements of Section 11.132 [ |
||
relating to the time for notice, newspaper notice, and method of | ||
giving a person notice do not apply to a hearing held on an | ||
application for an emergency authorization under this section, but | ||
such general notice of the hearing shall be given as the board | ||
[ |
||
considers practicable under the circumstances. | ||
(h) The board [ |
||
authorization under this section for the temporary transfer and use | ||
of all or part of a permit, certified filing, or certificate of | ||
adjudication for other than domestic or municipal use to a retail or | ||
wholesale water supplier for public health and safety purposes. In | ||
addition to the requirements contained in Subsection (b) [ |
||
|
||
timely pay the amounts for which the applicant may be potentially | ||
liable under Subsection (j) [ |
||
authorized by law will fully indemnify and hold harmless the state, | ||
the executive administrator [ |
||
from any and all liability for the authorization sought. The board | ||
[ |
||
the board [ |
||
authorization. The board [ |
||
authorization under this section which would cause a violation of a | ||
federal regulation. | ||
(i) In transferring the amount of water requested by the | ||
applicant, the executive administrator [ |
||
[ |
||
permits, certified filings, or certificates of adjudication for | ||
other than domestic or municipal use. | ||
(j) The person granted an emergency authorization under | ||
Subsection (h) [ |
||
owner's agent or lessee from whom the use is transferred for the | ||
fair market value of the water transferred as well as for any | ||
damages caused by the transfer of use. If, within 60 days of the | ||
termination of the authorization, the parties do not agree on the | ||
amount due, or if full payment is not made, either party may file a | ||
complaint with the board [ |
||
The board [ |
||
complaint filed under this subsection. After exhausting all | ||
administrative remedies under this subsection, an owner from whom | ||
the use is transferred may file suit to recover or determine the | ||
amount due in a district court in the county where the owner resides | ||
or has its headquarters. The prevailing party in a suit filed under | ||
this subsection is entitled to recover court costs and reasonable | ||
attorney's fees. | ||
(k) The board [ |
||
fees which are necessary to carry out the provisions of this | ||
section. | ||
SECTION 58. Section 11.140, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.140. PERMITS FOR STORAGE FOR PROJECT DEVELOPMENT. | ||
The board [ |
||
purpose of optimum development of projects. The board [ |
||
may convert these permits to permits for beneficial use if | ||
application to have them converted is made to the board | ||
[ |
||
SECTION 59. Sections 11.1405(a), (c), (d), (e), (f), (g), | ||
and (h), Water Code, are amended to read as follows: | ||
(a) The board [ |
||
section to authorize a diversion of state water from the Gulf of | ||
Mexico or a bay or arm of the Gulf of Mexico for desalination and use | ||
for industrial purposes if: | ||
(1) the point of diversion is located less than three | ||
miles seaward of any point located on the coast of this state; or | ||
(2) the seawater contains a total dissolved solids | ||
concentration based on a yearly average of samples taken monthly at | ||
the water source of less than 20,000 milligrams per liter. | ||
(c) A person who diverts and uses state water that consists | ||
of marine seawater under a permit issued under Subsection (a) or as | ||
authorized by Subsection (b) must determine the total dissolved | ||
solids concentration of the seawater at the water source by monthly | ||
sampling and analysis and provide the data collected to the board | ||
[ |
||
the diversion of marine seawater for the purposes provided by this | ||
section without obtaining a permit until the person has provided | ||
data to the board [ |
||
taken at the water source over a period of at least one year | ||
demonstrating that Subsection (a)(2) does not apply. A person who | ||
has begun construction of a facility for the diversion of marine | ||
seawater for the purposes provided by this section without | ||
obtaining a permit because the person has demonstrated that | ||
Subsection (a)(2) does not apply is not required to obtain a permit | ||
for the facility if the total dissolved solids concentration of the | ||
seawater at the water source subsequently changes so that | ||
Subsection (a)(2) applies. | ||
(d) A permit application under this section must be | ||
submitted as required by board [ |
||
(e) The board [ |
||
of water availability for an application under this section. | ||
(f) The board [ |
||
proposed diversion under this section is consistent with any | ||
applicable environmental flow standards established under Section | ||
11.1471. | ||
(g) The board [ |
||
permit issued under this section that the board [ |
||
considers necessary to comply with the environmental flow standards | ||
established under Section 11.1471. | ||
(h) The board [ |
||
expedited procedure for acting on an application for a permit under | ||
Subsection (a). The rules must provide for notice, an opportunity | ||
for the submission of written comment, and an opportunity for a | ||
contested case hearing regarding board [ |
||
relating to an application for a permit. | ||
SECTION 60. Section 11.141, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.141. DATE OF PRIORITY. When the board [ |
||
issues a permit, the priority of the appropriation of water and the | ||
claimant's right to use the water date from the date of filing of | ||
the application. | ||
SECTION 61. Sections 11.1421(c), (d), and (e), Water Code, | ||
are amended to read as follows: | ||
(c) Before a person first takes water under Subsection (b) | ||
[ |
||
[ |
||
(d) Each appropriation of water made under Subsection (b) | ||
[ |
||
manner provided by the board's [ |
||
(e) After notice and hearing, if the board [ |
||
determines that as a result of low freshwater inflows appropriation | ||
of water under Subsection (b) [ |
||
with natural productivity of bays and estuaries, the board | ||
[ |
||
reduction of the appropriation. | ||
SECTION 62. Section 11.1422(b), Water Code, is amended to | ||
read as follows: | ||
(b) The executive administrator [ |
||
who has jurisdiction over the river from which a cemetery diverts | ||
water under this section by order may restrict a diversion | ||
authorized by this section if the executive administrator | ||
[ |
||
person downstream of the cemetery who acquired a water right before | ||
the date this section took effect. The executive administrator | ||
[ |
||
of the harm and to the period of the harm. | ||
SECTION 63. Sections 11.143(b), (d), (e), (f), (g), (h), | ||
and (i), Water Code, are amended to read as follows: | ||
(b) If the applicant elects to proceed under this section, | ||
the applicant [ |
||
application, on a form furnished by the board [ |
||
containing the following information: | ||
(1) the name and post-office address of the applicant; | ||
(2) the nature and purpose of the use and the amount of | ||
water to be used annually for each purpose; | ||
(3) the major watershed and the tributary (named or | ||
unnamed) on which the dam or reservoir is located; | ||
(4) the county in which the dam or reservoir is | ||
located; | ||
(5) the approximate distance and direction from the | ||
county seat of the county to the location of the dam or reservoir; | ||
(6) the survey or the portion of the survey on which | ||
the dam or reservoir is located and, to the best of the applicant's | ||
knowledge and belief, the distance and direction of the midpoint of | ||
the dam or reservoir from a corner of the survey, which information | ||
the executive administrator [ |
||
an aerial photograph or map furnished by the board [ |
||
(7) the approximate surface area, to the nearest acre, | ||
of the reservoir when it is full and the average depth in feet when | ||
it is full; and | ||
(8) the approximate number of square miles in the | ||
drainage area above the dam or reservoir. | ||
(d) Except as otherwise specifically provided by this | ||
subsection, before the board [ |
||
application and issue the permit, it shall give notice and hold a | ||
hearing as prescribed by this section. The board [ |
||
act on the application without holding a public hearing if: | ||
(1) not less than 30 days before the date of action on | ||
the application by the board [ |
||
published the board's [ |
||
least once in a newspaper regularly published or circulated within | ||
the section of the state where the source of water is located; | ||
(2) not less than 30 days before the date of action on | ||
the application by the board [ |
||
mails a copy of the notice by first-class mail, postage prepaid, to | ||
each person whose claim or appropriation has been filed with the | ||
board [ |
||
that described in the application; and | ||
(3) within 30 days after the date of the newspaper | ||
publication of the board's [ |
||
is not requested in writing by a board member [ |
||
executive administrator [ |
||
objects to the application. | ||
(e) In the notice, the board [ |
||
(1) state the name and post-office address of the | ||
applicant; | ||
(2) state the date the application was filed; | ||
(3) state the purpose and extent of the proposed | ||
appropriation of water; | ||
(4) identify the source of supply, including any | ||
proposed alternative source of water, other than state water, | ||
identified by the applicant, and the place where the water is | ||
stored; and | ||
(5) specify the time and place of the hearing. | ||
(f) The notice shall be published only once, at least 20 | ||
days before the date stated in the notice for the hearing on the | ||
application, in a newspaper having general circulation in the | ||
county where the dam or reservoir is located. At least 15 days | ||
before the date set for the hearing, the board [ |
||
transmit a copy of the notice by first-class mail to each person | ||
whose claim or appropriation has been filed with the board | ||
[ |
||
described in the application. If the notice identifies groundwater | ||
from a well located in a groundwater conservation district as a | ||
proposed alternative source of water, the notice shall be: | ||
(1) sent to the groundwater conservation district in | ||
which the well is located; and | ||
(2) published, at least 20 days before the date stated | ||
in the notice for the hearing, in a newspaper having general | ||
circulation in each county in which the groundwater district is | ||
located. | ||
(g) If on the date specified in the notice prescribed by | ||
Subsection (d) [ |
||
that a public hearing must be held, the matter shall be remanded for | ||
hearing without the necessity of issuing further notice other than | ||
advising all parties of the time and place where the hearing is to | ||
convene. | ||
(h) The applicant shall pay the filing fee prescribed by | ||
Section 12.111(e) [ |
||
the application. | ||
(i) The board [ |
||
and issue the permit as applied for in whole or part if it | ||
determines that: | ||
(1) there is unappropriated water in the source of | ||
supply; | ||
(2) the applicant has met the requirements of this | ||
section; | ||
(3) the water is to be used for a beneficial purpose; | ||
(4) the proposed use is not detrimental to the public | ||
welfare or to the welfare of the locality; and | ||
(5) the proposed use will not impair existing water | ||
rights. | ||
SECTION 64. Section 11.144, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.144. APPROVAL FOR ALTERATIONS. All holders of | ||
permits and certified filings shall obtain the approval of the | ||
board [ |
||
extensions, or other changes to any reservoir, dam, main canal, or | ||
diversion work on which a permit has been granted or a certified | ||
filing recorded. A detailed statement and plans for alterations or | ||
changes shall be filed with the board [ |
||
the executive administrator [ |
||
changes are made. This section does not apply to the ordinary | ||
maintenance or emergency repair of the facility. | ||
SECTION 65. Section 11.145, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.145. WHEN CONSTRUCTION MUST BEGIN. (a) If a permit | ||
is for appropriation by direct diversion, construction of the | ||
proposed facilities shall begin within the time fixed by the board | ||
[ |
||
permit is issued. The appropriator shall work diligently and | ||
continuously to the completion of the construction. The board | ||
[ |
||
for beginning construction. The board [ |
||
fees, not to exceed $1,000, for extending the time to begin | ||
construction of the proposed facilities. | ||
(b) If the permit contemplates construction of a storage | ||
reservoir, construction shall begin within the time fixed by the | ||
board [ |
||
permit is issued. The board [ |
||
record, may extend the time for beginning construction. The board | ||
[ |
||
time to begin construction of reservoirs. | ||
SECTION 66. Sections 11.146(c) and (d), Water Code, are | ||
amended to read as follows: | ||
(c) If the board [ |
||
appropriation or permit should be declared forfeited under this | ||
section or any other sections of this code, it should give the | ||
appropriator or permittee 30 days notice and provide the | ||
appropriator or permittee [ |
||
(d) After the hearing, the board [ |
||
order of record may cancel the appropriation in whole or part. The | ||
board [ |
||
the cancellation order by certified mail to the county clerk of the | ||
county in which the permit is recorded. The county clerk shall | ||
record the cancellation order. | ||
SECTION 67. Sections 11.147(b), (c), (d), (e), (e-1), | ||
(e-3), (f), and (g), Water Code, are amended to read as follows: | ||
(b) In its consideration of an application for a permit to | ||
store, take, or divert water, the board [ |
||
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 board [ |
||
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. | ||
(c) For the purposes of making a determination under | ||
Subsection (b) [ |
||
consider among other factors: | ||
(1) the need for periodic freshwater inflows to supply | ||
nutrients and modify salinity to preserve the sound environment of | ||
the bay or estuary, using any available information, including | ||
studies and plans specified in Section 11.1491 [ |
||
other studies considered by the board [ |
||
together with existing circumstances, natural or otherwise, that | ||
might prevent the conditions imposed from producing benefits; | ||
(2) the ecology and productivity of the affected bay | ||
and estuary system; | ||
(3) the expected effects on the public welfare of not | ||
including in the permit some or all of the conditions considered | ||
necessary to maintain the beneficial inflows to the affected bay or | ||
estuary system; | ||
(4) the quantity of water requested and the proposed | ||
use of water by the applicant, as well as the needs of those who | ||
would be served by the applicant; | ||
(5) the expected effects on the public welfare of the | ||
failure to issue all or part of the permit being considered; and | ||
(6) for purposes of this section, the declarations as | ||
to preferences for competing uses of water as found in Sections | ||
11.024 and 11.033, [ |
||
statement in Section 1.003[ |
||
(d) In its consideration of an application to store, take, | ||
or divert water, the board [ |
||
permit, to the extent practicable when considering all public | ||
interests, those conditions considered by the board [ |
||
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 board [ |
||
factors: | ||
(1) the studies mandated by Section 16.059; and | ||
(2) any water quality assessment performed under | ||
Section 11.150. | ||
(e) The board [ |
||
the extent practicable when considering all public interests, those | ||
conditions considered by the board [ |
||
maintain fish and wildlife habitats. In determining what | ||
conditions to include in the permit under this subsection, the | ||
board [ |
||
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 board [ |
||
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 board | ||
[ |
||
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 board | ||
[ |
||
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-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 board [ |
||
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. | ||
(f) On receipt of an application for a permit to store, | ||
take, or divert water, the board [ |
||
the permit application and any subsequent amendments to the Parks | ||
and Wildlife Department. At its option, the Parks and Wildlife | ||
Department may be a party in hearings on applications for permits to | ||
store, take, or divert water. In making a final decision on any | ||
application for a permit, the board [ |
||
other information, evidence, and testimony presented, shall | ||
consider all information, evidence, and testimony presented by the | ||
Parks and Wildlife Department [ |
||
(g) The failure of the Parks and Wildlife Department to | ||
appear as a party does not relieve the board [ |
||
requirements of this section. | ||
SECTION 68. Sections 11.1471(a), (b), (d), (e), and (f), | ||
Water Code, are amended to read as follows: | ||
(a) The board [ |
||
(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 board | ||
[ |
||
(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 board [ |
||
(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. | ||
(d) As provided by Section 11.023, the board [ |
||
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 board [ |
||
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 board | ||
[ |
||
a schedule established by the board [ |
||
a schedule, the board [ |
||
work plan approved by the advisory group under Section 11.02362(p). | ||
The board's [ |
||
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 board [ |
||
rulemaking process to be undertaken in conjunction with the | ||
periodic review if the board [ |
||
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 69. 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. (a) Permit conditions relating to beneficial | ||
inflows to affected bays and estuaries and instream uses may be | ||
suspended by the board [ |
||
that an emergency exists and cannot practically be resolved in | ||
other ways. | ||
(a-1) State water that is set aside by the board | ||
[ |
||
bays and estuaries and instream uses under Section 11.1471(a)(2) | ||
may be made available temporarily for other essential beneficial | ||
uses if the board [ |
||
cannot practically be resolved in another way. | ||
(b) Before the board [ |
||
condition under Subsection (a) or makes water available temporarily | ||
under Subsection (a-1), it must give written notice to the Parks and | ||
Wildlife Department of the proposed action. The board [ |
||
shall give the Parks and Wildlife Department an opportunity to | ||
submit comments on the proposed action within 72 hours from such | ||
time and the board [ |
||
before issuing its order implementing the proposed action. | ||
(c) The board [ |
||
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). 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 70. Section 11.1491, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.1491. EVALUATION OF BAYS AND ESTUARIES DATA. (a) | ||
The Parks and Wildlife Department and the board [ |
||
have joint responsibility to review the studies prepared under | ||
Section 16.058, 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 board [ |
||
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 the board [ |
||
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. | ||
(b) [ |
||
research and planning fund established by Chapter 15 [ |
||
to accomplish the purposes of this section. These funds shall be | ||
used by the board [ |
||
Wildlife Department for interagency contracts with cooperating | ||
agencies and universities, and contracts with private sector | ||
establishments, as necessary, to accomplish the purposes of this | ||
section. | ||
SECTION 71. Section 11.150, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.150. EFFECTS OF PERMITS ON WATER QUALITY. In | ||
consideration of an application for a permit under this subchapter, | ||
the board [ |
||
issuance of the permit on water quality in this state. | ||
SECTION 72. Section 11.1501, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.1501. CONSIDERATION AND REVISION OF PLANS. In | ||
considering an application for a permit to store, take, or divert | ||
surface water, or for an amendment to a permit, certified filing, or | ||
certificate of adjudication, the board [ |
||
the state water plan and any approved regional water plan for the | ||
area or areas in which the water is proposed to be stored, diverted, | ||
or used. | ||
SECTION 73. Section 11.151, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.151. EFFECTS OF PERMITS ON GROUNDWATER. In | ||
considering an application for a permit to store, take, or divert | ||
surface water, the board [ |
||
if any, on groundwater or groundwater recharge. | ||
SECTION 74. Section 11.152, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.152. ASSESSMENT OF EFFECTS OF PERMITS ON FISH AND | ||
WILDLIFE HABITATS. In its consideration of an application for a | ||
permit to store, take, or divert water in excess of 5,000 acre feet | ||
per year, the board [ |
||
on the issuance of the permit on fish and wildlife habitats and may | ||
require the applicant to take reasonable actions to mitigate | ||
adverse impacts on such habitat. In determining whether to require | ||
an applicant to mitigate adverse impacts on a habitat, the board | ||
[ |
||
by the project. The board [ |
||
mitigation required by the U.S. Fish and Wildlife Service pursuant | ||
to 33 C.F.R. Parts 320-330 any mitigation authorized by this | ||
section. | ||
SECTION 75. Section 11.153(c), Water Code, is amended to | ||
read as follows: | ||
(c) This section does not preclude the board [ |
||
from considering an aquifer storage and recovery project to be a | ||
component of a project permitted under this chapter that is not | ||
required to be based on the continuous availability of historic, | ||
normal stream flow. | ||
SECTION 76. Sections 11.171(3) and (4), Water Code, are | ||
amended to read as follows: | ||
(3) "Certificate of adjudication" means a certificate | ||
issued by the commission under former Section 11.323 [ |
||
|
||
(4) "Permit" means an authorization by the board or by | ||
the commission under former law granting a person the right to use | ||
water. | ||
SECTION 77. Section 11.173(b), Water Code, is amended to | ||
read as follows: | ||
(b) A permit, certified filing, or certificate of | ||
adjudication or a portion of a permit, certified filing, or | ||
certificate of adjudication is exempt from cancellation under | ||
Subsection (a): | ||
(1) to the extent of the owner's participation in the | ||
Conservation Reserve Program authorized by the Food Security Act, | ||
Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985) | ||
or a similar governmental program; | ||
(2) if a significant portion of the water authorized | ||
to be used pursuant to a permit, certified filing, or certificate of | ||
adjudication has been used in accordance with a specific | ||
recommendation for meeting a water need included in the regional | ||
water plan approved pursuant to Section 16.053; | ||
(3) if the permit, certified filing, or certificate of | ||
adjudication: | ||
(A) was obtained to meet demonstrated long-term | ||
public water supply or electric generation needs as evidenced by a | ||
water management plan developed by the holder; and | ||
(B) is consistent with projections of future | ||
water needs contained in the state water plan; | ||
(4) if the permit, certified filing, or certificate of | ||
adjudication was obtained as the result of the construction of a | ||
reservoir funded, in whole or in part, by the holder of the permit, | ||
certified filing, or certificate of adjudication as part of the | ||
holder's long-term water planning; or | ||
(5) to the extent the nonuse resulted from: | ||
(A) the implementation of water conservation | ||
measures under a water conservation plan submitted by the holder of | ||
the permit, certified filing, or certificate of adjudication as | ||
evidenced by implementation reports submitted by the holder; | ||
(B) a suspension, adjustment, or other | ||
restriction on the use of the water authorized to be appropriated | ||
under the permit, certified filing, or certificate of adjudication | ||
imposed under an order issued by the executive administrator | ||
[ |
||
(C) an inability to appropriate the water | ||
authorized to be appropriated under the permit, certified filing, | ||
or certificate of adjudication due to drought conditions. | ||
SECTION 78. Section 11.174, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.174. BOARD [ |
||
When the board [ |
||
some portion of the water has been used during the past 10 years, | ||
the executive administrator [ |
||
terminated by public hearing, to cancel the permit, certified | ||
filing, or certificate of adjudication in whole or in part. | ||
SECTION 79. Section 11.175, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.175. NOTICE. (a) At least 45 days before the date | ||
of the hearing, the board [ |
||
hearing to the holder of the permit, certified filing, or | ||
certificate of adjudication being considered for cancellation in | ||
whole or in part. Notice shall be sent by certified mail, return | ||
receipt requested, to the last address shown by the records of the | ||
board [ |
||
by regular mail to all other holders of permits, certified filings, | ||
certificates of adjudication, and claims of unadjudicated water | ||
rights filed pursuant to former Section 11.303 [ |
||
same watershed. | ||
(b) The board [ |
||
hearing published once a week for two consecutive weeks, at least 30 | ||
days before the date of the hearing, in a newspaper published in | ||
each county in which diversion of water from the source of supply | ||
was authorized or proposed to be made and in each county in which | ||
the water was authorized or proposed to be used, as shown by the | ||
records of the board [ |
||
newspaper is published, then the notice may be published in a | ||
newspaper having general circulation in the county. | ||
SECTION 80. Section 11.176(a), Water Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b) [ |
||
the board [ |
||
holder of the permit, certified filing, or certificate of | ||
adjudication and other interested persons an opportunity to be | ||
heard and to present evidence on any matter pertinent to the | ||
questions at issue. | ||
SECTION 81. Section 11.177, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.177. BOARD [ |
||
the conclusion of the hearing, the board [ |
||
the permit, certified filing, or certificate of adjudication in | ||
whole or in part to the extent that it finds that: | ||
(1) the water or any portion of the water appropriated | ||
under the permit, certified filing, or certificate of adjudication | ||
has not been put to an authorized beneficial use during the 10-year | ||
period; and | ||
(2) the holder has not used reasonable diligence in | ||
applying the water or the unused portion of the water to an | ||
authorized beneficial use or is otherwise unjustified in the | ||
nonuse. | ||
(b) In determining what constitutes reasonable diligence or | ||
a justified nonuse as used in Subsection (a)(2), the board | ||
[ |
||
(1) whether sufficient water is available in the | ||
source of supply to meet all or part of the appropriation during the | ||
10-year period of nonuse; | ||
(2) whether the nonuse is justified by the holder's | ||
participation in the federal Conservation Reserve Program or a | ||
similar governmental program as provided by Section 11.173(b)(1); | ||
(3) whether the existing or proposed authorized | ||
purpose and place of use are consistent with an approved regional | ||
water plan as provided by Section 16.053; | ||
(4) whether the permit, certified filing, or | ||
certificate of adjudication has been deposited into the Texas Water | ||
Bank as provided by Sections 15.7031 and 15.704 or whether it can be | ||
shown that the water right or water available under the right is | ||
currently being made available for purchase through private | ||
marketing efforts; or | ||
(5) whether the permit, certified filing, or | ||
certificate of adjudication has been reserved to provide for | ||
instream flows or bay and estuary inflows. | ||
SECTION 82. Section 11.183, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.183. RESERVOIR. If the holder of a permit, | ||
certified filing, or certificate of adjudication has facilities for | ||
the storage of water in a reservoir, the board [ |
||
allow the holder [ |
||
the conservation storage capacity of the reservoir for domestic, | ||
livestock, or recreation purposes. | ||
SECTION 83. Section 11.203, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.203. ARTESIAN WELL: DRILLING RECORD. A person who | ||
drills an artesian well or has one drilled shall keep a complete and | ||
accurate record of the depth, thickness, and character of the | ||
different strata penetrated and when the well is completed shall | ||
transmit a copy of the record to the board [ |
||
registered or certified mail. | ||
SECTION 84. Section 11.204, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.204. REPORT OF NEW ARTESIAN WELL. Within one year | ||
after an artesian well is drilled, the owner or operator shall | ||
transmit to the board [ |
||
result of the drilling operation, the use to which the water will be | ||
applied, and the contemplated extent of the use. | ||
SECTION 85. Section 11.206, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.206. IMPROPERLY CASED WELL: NUISANCE. An artesian | ||
well that is not tightly cased, capped, and furnished with | ||
mechanical appliances that readily and effectively prevent water | ||
from flowing out of the well and running over the surface of the | ||
ground above the well or wasting through the strata through which it | ||
passes is a public nuisance and subject to abatement by the | ||
executive administrator [ |
||
SECTION 86. Sections 11.207(a) and (b), Water Code, are | ||
amended to read as follows: | ||
(a) Not later than March 1 of each year, a person who during | ||
any part of the preceding calendar year owned or operated an | ||
artesian well for any purpose other than domestic use shall file a | ||
report to the board [ |
||
[ |
||
(b) The report shall state: | ||
(1) the quantity of water which was obtained from the | ||
well; | ||
(2) the nature of the uses to which the water was | ||
applied; | ||
(3) the change in the level of the well's water table; | ||
and | ||
(4) other information required by the board | ||
[ |
||
SECTION 87. Section 11.325, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.325. WATER DIVISIONS. The board [ |
||
divide the state into water divisions for the purpose of | ||
administering adjudicated water rights. Water divisions may be | ||
created from time to time as the necessity arises. The divisions | ||
shall be constituted to secure the best protection to the holders of | ||
water rights and the most economical supervision on the part of the | ||
state. | ||
SECTION 88. Section 11.326, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.326. APPOINTMENT OF WATERMASTER. (a) The | ||
executive administrator [ |
||
each water division. | ||
(b) A watermaster holds office until a successor is | ||
appointed. The executive administrator [ |
||
watermaster at any time. | ||
(c) The executive administrator [ |
||
assistant watermasters and other employees necessary to aid a | ||
watermaster in the discharge of the watermaster's [ |
||
(d) In a water division in which the office of watermaster | ||
is vacant, the executive administrator [ |
||
a watermaster. | ||
(e) The executive administrator [ |
||
and generally direct the watermaster in the performance of the | ||
watermaster's [ |
||
watermaster is responsible to the executive administrator | ||
[ |
||
duties. | ||
(f) A person dissatisfied with any action of a watermaster | ||
may apply to the executive administrator [ |
||
(g) For a water basin in which a watermaster is not | ||
appointed, the executive administrator [ |
||
(1) evaluate the water basin at least once every five | ||
years to determine whether a watermaster should be appointed; and | ||
(2) report the findings and make recommendations to | ||
the board [ |
||
(h) The board [ |
||
(1) determine the criteria or risk factors to be | ||
considered in an evaluation under Subsection (g); and | ||
(2) include the findings and recommendations under | ||
Subsection (g) in the board's [ |
||
legislature. | ||
SECTION 89. Sections 11.3261(a), (c), (d), and (e), Water | ||
Code, are amended to read as follows: | ||
(a) The executive administrator [ |
||
a watermaster advisory committee consisting of a minimum of nine | ||
members, but no more than 15 members, who are holders of water | ||
rights or representatives of holders of water rights in the water | ||
division of a watermaster. In appointing members of the advisory | ||
committee the executive administrator [ |
||
geographic representation, amount of water rights held, different | ||
types of holders of water rights and users such as water districts, | ||
municipal suppliers, irrigators, and industrial users, and | ||
experience and knowledge in water management practices. | ||
(c) An advisory committee member shall serve a term of two | ||
years from the date of initial appointment by the executive | ||
administrator [ |
||
appointed. | ||
(d) The advisory committee shall meet within 30 days | ||
following initial appointment by the executive administrator | ||
[ |
||
annual basis. Following the first meeting, the committee shall | ||
meet regularly as necessary. | ||
(e) The advisory committee's duties include: | ||
(1) providing recommendations to the executive | ||
administrator [ |
||
holders of water rights in the administration and distribution of | ||
water to holders of water rights; | ||
(2) review and comment to the executive administrator | ||
[ |
||
(3) other duties as may be requested by the executive | ||
administrator [ |
||
or as requested by holders of water rights in a water division which | ||
the committee deems of benefit to the administration of water | ||
rights in water divisions. | ||
SECTION 90. Section 11.327(d), Water Code, is amended to | ||
read as follows: | ||
(d) A watermaster's duties shall not include activities | ||
which relate to other programs of the board [ |
||
situations of imminent threat to public health and safety or the | ||
environment. | ||
SECTION 91. Sections 11.3271(e), (f), (g), (h), and (i), | ||
Water Code, are amended to read as follows: | ||
(e) The watermaster's duties do not include activities that | ||
relate to other programs of the board [ |
||
provided by this section. The watermaster's duties shall include | ||
activities that relate to situations of imminent threat to public | ||
health and safety or the environment. The board [ |
||
adopt rules: | ||
(1) defining situations of imminent threat under this | ||
section; and | ||
(2) addressing the watermaster's duties in response to | ||
terrorism. | ||
(f) The watermaster may store in a reservoir for release at | ||
a later time water in transit that is being conveyed down the banks | ||
and bed of the Rio Grande under a permit issued by the board | ||
[ |
||
[ |
||
owned water, not including state water, that a person has pumped | ||
from an underground reservoir and that is in transit between the | ||
point of discharge into the river and the place of use or the point | ||
of diversion by a person who has contracted with the owner of the | ||
water to purchase the water. The contract must specify that the | ||
contract is for the purchase and delivery of a specified amount of | ||
water less the carriage losses incurred in transit, as described | ||
and measured according to board [ |
||
(g) The watermaster may store water under Subsection (f) | ||
only if the storage does not hinder the ability of any other holders | ||
of Rio Grande surface water rights to store the maximum authorized | ||
capacity in a reservoir as specified by board [ |
||
and relevant permits, certified filings, or certificates of | ||
adjudication. | ||
(h) Before granting a permit to convey water down the banks | ||
and bed of the Rio Grande, the board [ |
||
that provide for the methods and procedures by which the | ||
watermaster shall account for any discharge, delivery, conveyance, | ||
storage, diversion, or associated loss of water conveyed down the | ||
banks and bed of the Rio Grande. A permit to convey water down the | ||
banks and bed of the Rio Grande may not allow the permit holder to | ||
share in any beneficial state water inflows into the Rio Grande. | ||
The permit holder is entitled to convey only the amount of water | ||
specified in the permit, less the carriage losses incurred in | ||
transit, as described and measured according to board [ |
||
rules. A rule adopted by the board [ |
||
subsection must be consistent with the Treaty Relating to the | ||
Utilization of the Waters of the Colorado and Tijuana Rivers, and of | ||
the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of | ||
Mexico, concluded by the United States and the United Mexican | ||
States on February 3, 1944, and with any minute order adopted by the | ||
International Boundary and Water Commission. | ||
(i) In considering an application for a permit to convey | ||
water down the banks and bed of the Rio Grande, the board | ||
[ |
||
conveyed. The board [ |
||
determines that the water to be conveyed would degrade the water | ||
quality of the Rio Grande. | ||
SECTION 92. Section 11.3271(j), Water Code, as added by | ||
Chapter 385 (S.B. 1902), Acts of the 78th Legislature, Regular | ||
Session, 2003, is amended to read as follows: | ||
(j) Notwithstanding any other law, the watermaster is the | ||
official recorder for all instruments, including deeds, deeds of | ||
trust, financing statements, security agreements, and liens, that | ||
the board [ |
||
connection with water rights relating to water in the lower, | ||
middle, or upper basin of the Rio Grande that are subject to a | ||
permit, certified filing, or certificate of adjudication. An | ||
instrument shall be filed with the watermaster under this | ||
subsection in the same manner as required by other law for the same | ||
type of instrument. The filing of an instrument under this | ||
subsection results in the same legal and administrative status and | ||
consequences as a filing under other law for the same type of | ||
instrument. An instrument filed under this subsection shall be | ||
construed by a court, financial institution, or other affected | ||
person in the same manner as an instrument of the same type that is | ||
filed under other law. The watermaster may charge and collect a fee | ||
for the recordation of instruments under this subsection in the | ||
same amount as the fee collected by the county clerk of Cameron | ||
County for the recordation of similar instruments. The board | ||
[ |
||
the proper implementation of this subsection, including reasonable | ||
transition provisions, if appropriate. | ||
SECTION 93. Sections 11.329(a), (b), (c), (f), and (g), | ||
Water Code, are amended to read as follows: | ||
(a) The board [ |
||
necessary expenses of a watermaster, assistant watermasters, and | ||
other necessary employees, but the holders of water rights that | ||
have been determined or adjudicated and are to be administered by | ||
the watermaster shall reimburse the board [ |
||
compensation and expenses. Necessary expenses shall be limited to | ||
costs associated with streamflow measurement and monitoring, water | ||
accounting, assessment billing and collection associated with a | ||
watermaster's operation, and other duties a watermaster may be | ||
required to perform under this subchapter. | ||
(b) After the adjudication decree becomes final, and each | ||
fiscal year thereafter, the executive administrator [ |
||
shall provide notice to each holder of water rights under the | ||
decree, at least 30 days prior to the board's [ |
||
a public hearing as provided in Subsection (c), of the proposed | ||
budget for their watermaster operations showing the amount of | ||
compensation and expenses that will be required annually for the | ||
administration of the water rights so determined. This budget | ||
shall be furnished to the watermaster advisory committee for | ||
comment at least 30 days prior to notification to each holder of | ||
water rights. | ||
(c) The board [ |
||
the proposed fiscal year budget for each watermaster operation. | ||
The board [ |
||
costs of administration of adjudicated water rights among the | ||
holders of the rights. After a public hearing, the board | ||
[ |
||
the holders of water rights to whom the water will be distributed | ||
under the final decree. The board [ |
||
apportion the costs. The executive administrator [ |
||
provide for payments in installments and shall specify the dates by | ||
which payments shall be made to the board [ |
||
request of the watermaster advisory committee the board | ||
[ |
||
division. | ||
(f) An order of the board [ |
||
remains in effect until the board [ |
||
order. The board [ |
||
order assessing costs with a subsequent order. The board | ||
[ |
||
apply to new diversions. | ||
(g) The board [ |
||
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. | ||
SECTION 94. Section 11.329(d), Water Code, as amended by | ||
Chapters 333 (H.B. 3231) and 696 (S.B. 1406), Acts of the 75th | ||
Legislature, Regular Session, 1997, is reenacted and amended to | ||
read as follows: | ||
(d) The executive administrator [ |
||
the assessments and shall account for assessments separately for | ||
each water division and shall deposit assessments collected to a | ||
special fund known as the watermaster fund established and governed | ||
by Section 11.3291. | ||
SECTION 95. Sections 11.3291(a), (b), (d), and (e), Water | ||
Code, are amended to read as follows: | ||
(a) The watermaster fund is created as a special fund in the | ||
state treasury and shall be administered by the board [ |
||
under this subchapter and rules adopted by the board [ |
||
(b) The legislature hereby appropriates without further | ||
legislative action any funds deposited in the watermaster | ||
[ |
||
watermaster fund shall be used: | ||
(1) to pay the compensation and expenses of the | ||
watermaster in each water division; | ||
(2) to pay expenditures for equipment, facilities, and | ||
capital expenditures necessary to the watermaster operation when | ||
recommended by the watermaster advisory committee and the executive | ||
administrator [ |
||
when hearings are required as provided in Section 11.329; and | ||
(3) to pay into the general revenue fund for use | ||
without further appropriation for purposes of providing overhead | ||
and administrative expenses of the board [ |
||
not greater than 10 percent times the approved annual budget under | ||
this subchapter in a water division. Any amounts not used in one | ||
fiscal year shall be carried over and used for the following fiscal | ||
year's operational expenses of the watermaster. | ||
(d) The watermaster fund shall consist of: | ||
(1) fees collected in each water division; | ||
(2) money from gifts, grants, or donations to the fund | ||
for designated or general lawful use; and | ||
(3) money from any other source designated by the | ||
legislature or the board [ |
||
(e) The board [ |
||
the investment of any available money in the fund as provided by law | ||
for the investment of money under Section 404.024, Government Code. | ||
SECTION 96. Section 11.330, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.330. OUTLET FOR FREE PASSAGE OF WATER. The owner of | ||
any works for the diversion or storage of water shall maintain a | ||
substantial headgate at the point of diversion, or a gate on each | ||
discharge pipe of a pumping plant, constructed so that it can be | ||
locked at the proper place by the watermaster, or a suitable outlet | ||
in a dam to allow the free passage of water that the owner of the dam | ||
is not entitled to divert or impound. The board [ |
||
adopt rules, and the executive administrator [ |
||
enforce the rules, governing the type and location of the headgates | ||
or gates and the outlets to allow the free passage of water. | ||
SECTION 97. Section 11.331, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.331. MEASURING DEVICES. The board [ |
||
rule, may require the owner of any works for the diversion, taking, | ||
storage, or distribution of water to construct and maintain | ||
suitable measuring devices at points that will enable the | ||
watermaster to determine the quantities of water to be diverted, | ||
taken, stored, released, or distributed in order to satisfy the | ||
rights of the respective users. | ||
SECTION 98. Section 11.332, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.332. INSTALLATION OF FLUMES. The board | ||
[ |
||
line of any ditch if necessary for the protection of water rights or | ||
other property. | ||
SECTION 99. Section 11.333, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.333. FAILURE TO COMPLY WITH BOARD [ |
||
RULES. If the owner of waterworks using state water refuses or | ||
neglects to comply with the rules adopted pursuant to Section | ||
11.330, 11.331, or 11.332 [ |
||
administrator [ |
||
period of additional time that is reasonable under the | ||
circumstances, may direct the watermaster to make adjustments of | ||
the control works to prevent the owner of the works from diverting, | ||
taking, storing, or distributing any water until the owner [ |
||
fully complied with the rules. | ||
SECTION 100. Section 11.334, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.334. SUIT AGAINST BOARD [ |
||
Any person who is injured by an act of the board [ |
||
this subchapter may bring suit against the board [ |
||
review the action or to obtain an injunction. If the water right | ||
involved has been adjudicated as provided in this subchapter as it | ||
previously existed, the court shall issue an injunction only if it | ||
is shown that the board [ |
||
the decree adjudicating the water right. | ||
SECTION 101. Sections 11.335(a) and (c), Water Code, are | ||
amended to read as follows: | ||
(a) If any area in which water rights of record in the office | ||
of the board [ |
||
of the rights and the board [ |
||
agreement for their administration. | ||
(c) An agreement to administer unadjudicated water rights | ||
shall be recorded in the offices of the board [ |
||
the county clerk of each county in which any of the works or lands | ||
affected by the agreement are located. | ||
SECTION 102. Section 11.336, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.336. ADMINISTRATION OF PERMITS ISSUED AFTER | ||
ADJUDICATION. Permits, other than temporary permits, that are | ||
issued by the board [ |
||
adjudicated stream or segment are subject to administration in the | ||
same manner as is provided in this subchapter for adjudicated water | ||
rights. | ||
SECTION 103. Section 11.337, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.337. HEARINGS: NOTICE AND PROCEDURE. (a) The | ||
board [ |
||
proceeding it orders under this subchapter in the manner prescribed | ||
in the procedural rules of the board [ |
||
subchapter specifically provides otherwise. | ||
(b) In any proceeding in any part of the state, the board | ||
[ |
||
(1) take evidence, including the testimony of | ||
witnesses; | ||
(2) administer oaths; | ||
(3) issue subpoenas and compel the attendance of | ||
witnesses in the same manner as subpoenas are issued out of the | ||
courts of the state; | ||
(4) compel witnesses to testify and give evidence; and | ||
(5) order the taking of depositions and issue | ||
commissions for the taking of depositions in the same manner as | ||
depositions are obtained in civil actions. | ||
(c) Evidence may be taken by a duly appointed reporter | ||
before the board [ |
||
representative who has the power to administer oaths. | ||
(d) If a person neglects or refuses to comply with an order | ||
or subpoena issued by the board [ |
||
on any matter about which the person [ |
||
interrogated, the board [ |
||
of the county in which the proceeding is held to punish the person | ||
[ |
||
actions. | ||
(e) The board [ |
||
time to time and from place to place. | ||
(f) When a proceeding before the board [ |
||
concluded, the board [ |
||
matters concerning which the proceeding was held. | ||
SECTION 104. Section 11.338, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.338. CANCELLATION OF WATER RIGHTS. Nothing in this | ||
subchapter recognizes any abandoned or cancelled water right or | ||
impairs in any way the power of the board [ |
||
law to forfeit, cancel, or find abandoned any water right, | ||
including adjudicated water rights. | ||
SECTION 105. Section 11.340(a), Water Code, is amended to | ||
read as follows: | ||
(a) Nothing in this subchapter prevents or precludes a | ||
person who claims the right to divert water from a stream from | ||
filing and prosecuting to a conclusion a suit against other | ||
claimants of the right to divert or use water from the same stream. | ||
However, if the board [ |
||
water rights as provided in this subchapter or if the board | ||
[ |
||
notice of the filing of a suit, the suit shall be abated on the | ||
motion of the board [ |
||
issues involved in the water rights determination. | ||
SECTION 106. The heading to Subchapter I, Chapter 11, Water | ||
Code, is amended to read as follows: | ||
SUBCHAPTER I. BOARD-APPOINTED [ |
||
SECTION 107. Section 11.451, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.451. BOARD [ |
||
25 or more holders of water rights in a river basin or segment of a | ||
river basin or on its own motion the board [ |
||
authorize the executive administrator [ |
||
watermaster for a river basin or segment of a river basin if the | ||
board [ |
||
holders in the basin or segment of the basin are threatened. | ||
SECTION 108. Section 11.452, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.452. PROCEDURE FOR DETERMINATION. (a) On | ||
receiving a petition for appointment of a watermaster or on its own | ||
motion, the board [ |
||
determine if a need exists for appointment of a watermaster for the | ||
river basin or segment of the river basin. | ||
(b) At the hearing persons who hold water rights in the | ||
river basin or segment of the river basin may appear before the | ||
board [ |
||
the need for appointment of a watermaster. | ||
(c) After the hearing, the board [ |
||
written determination as to whether a threat exists to the rights of | ||
senior water rights holders in the river basin or segment of the | ||
river basin and shall issue an order either finding that a threat | ||
exists and directing appointment of a watermaster or denying | ||
appointment of a watermaster. | ||
SECTION 109. Sections 11.453(a), (c), (d), (e), (f), and | ||
(g), Water Code, are amended to read as follows: | ||
(a) On issuance of an order under Section 11.452 [ |
||
|
||
administrator [ |
||
basin or segment of the river basin covered by the board | ||
[ |
||
(c) A watermaster holds office until a successor is | ||
appointed. The executive administrator [ |
||
watermaster at any time. | ||
(d) The executive administrator [ |
||
assistant watermasters and other employees necessary to aid a | ||
watermaster in the discharge of the watermaster's [ |
||
(e) In a segment or basin in which the office of watermaster | ||
is vacant, the executive administrator [ |
||
a watermaster. | ||
(f) The executive administrator [ |
||
and generally direct the watermaster in the performance of the | ||
watermaster's [ |
||
executive administrator [ |
||
the watermaster's [ |
||
(g) A person dissatisfied with any action of a watermaster | ||
may apply to the executive administrator [ |
||
SECTION 110. Sections 11.4531(a) and (e), Water Code, are | ||
amended to read as follows: | ||
(a) For each river basin or segment of a river basin for | ||
which the executive administrator [ |
||
watermaster under this subchapter, the executive administrator | ||
[ |
||
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 | ||
administrator [ |
||
(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. | ||
(e) The advisory committee shall: | ||
(1) make recommendations to the executive | ||
administrator [ |
||
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 administrator | ||
[ |
||
(3) perform other advisory duties as requested by the | ||
executive administrator [ |
||
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 111. Section 11.455(b), Water Code, is amended to | ||
read as follows: | ||
(b) The executive administrator [ |
||
the assessments collected under this section to the credit of the | ||
watermaster fund. | ||
SECTION 112. Section 11.456, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.456. MAINTAINING CURRENT STATUS. (a) To protect | ||
water rights holders in a river basin or segment of a river basin | ||
during the proceedings under Section 11.452 [ |
||
board [ |
||
the proceedings under Section 11.452 [ |
||
the attorney general to seek injunctive relief to protect the water | ||
rights holders during the proceedings. | ||
(b) On request of the board [ |
||
general shall seek injunctive relief to carry out the purpose of | ||
Subsection (a) [ |
||
(c) The board [ |
||
the requirements of Chapter 2001, Government Code, in issuing | ||
orders under Subsection (a) [ |
||
of appeal from those orders. | ||
SECTION 113. Section 11.457, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.457. ASSISTANCE TO WATERMASTER. The executive | ||
administrator [ |
||
staff and facilities as are necessary to carry out this subchapter. | ||
SECTION 114. Section 11.551(3), Water Code, is amended to | ||
read as follows: | ||
(3) "Program" means the Concho River Watermaster | ||
Program, a division of the South Texas Watermaster established by | ||
the commission [ |
||
operating pursuant to rules and regulations promulgated by the | ||
board [ |
||
SECTION 115. Section 11.556(a), Water Code, is amended to | ||
read as follows: | ||
(a) The executive administrator [ |
||
person who resides in the area described by Section 11.553 to the | ||
South Texas Watermaster Advisory Committee. | ||
SECTION 116. Sections 11.557(a), (b), and (c), Water Code, | ||
are amended to read as follows: | ||
(a) The Concho River Watermaster Advisory Committee | ||
consists of 13 members appointed by the executive administrator | ||
[ |
||
(1) six members selected from nominations received, | ||
one representing the City of Paint Rock and one representing each of | ||
the following stream segments or tributaries of the Concho River: | ||
Spring Creek, Dove Creek, South Concho, Middle Concho, and main | ||
stem of the Concho below Certificate of Adjudication No. 14-1337 | ||
(River Order No. 5460010000); | ||
(2) six members selected from a list of candidates | ||
submitted by the City of San Angelo; and | ||
(3) one member selected at the executive | ||
administrator's [ |
||
(b) If the executive administrator [ |
||
receive nominations or a list of candidates as specified under | ||
Subsection (a), after reasonable notice the executive | ||
administrator [ |
||
appropriate number of members selected at the executive | ||
administrator's [ |
||
(c) If a vacancy occurs on the advisory committee, the | ||
executive administrator [ |
||
unexpired term by appointing a person selected in the same manner as | ||
the person being replaced. | ||
SECTION 117. Section 11.561, Water Code, is amended to read | ||
as follows: | ||
Sec. 11.561. APPLICABILITY OF OTHER LAW AND BOARD | ||
[ |
||
the board [ |
||
conflict with the provisions of this subchapter applies to the | ||
program established under this subchapter. | ||
SECTION 118. Section 12.011, Water Code, is amended to read | ||
as follows: | ||
Sec. 12.011. PERMIT APPLICATIONS. The board [ |
||
shall receive, administer, and act on all applications for permits | ||
and permit amendments: | ||
(1) to appropriate public water for beneficial use or | ||
storage; or | ||
(2) to construct works for the impoundment, storage, | ||
diversion, or transportation of public water. | ||
SECTION 119. Section 12.012, Water Code, is amended to read | ||
as follows: | ||
Sec. 12.012. EVALUATION OF OUTSTANDING PERMITS. The board | ||
[ |
||
permits and certified filings and shall carry out measures to | ||
cancel wholly or partially the certified filings and permits that | ||
are subject to cancellation. | ||
SECTION 120. Section 12.014, Water Code, is amended to read | ||
as follows: | ||
Sec. 12.014. USE OF BOARD [ |
||
The board [ |
||
investigations conducted by the staff of the board [ |
||
order to ascertain the character of the principal requirements of | ||
the district regional division of the watershed areas of the state | ||
for beneficial uses of water, to the end that distribution of the | ||
right to take and use state water may be more equitably administered | ||
in the public interest, that privileges granted for recognized uses | ||
may be economically coordinated so as to achieve the maximum of | ||
public value from the state's water resources, and that the | ||
distinct regional necessities for water control and conservation | ||
and for control of harmful floods may be recognized. | ||
SECTION 121. Section 12.017, Water Code, is amended to read | ||
as follows: | ||
Sec. 12.017. POWER TO ENTER LAND. Any member or employee of | ||
the commission or the board may enter any person's land, natural | ||
waterway, or artificial waterway for the purpose of making an | ||
investigation that would, in the judgment of the executive director | ||
or the executive administrator, as applicable, assist the | ||
commission or the board, as applicable, in the discharge of its | ||
duties. | ||
SECTION 122. Section 12.051(e), Water Code, is amended to | ||
read as follows: | ||
(e) In determining feasibility, the board shall consider, | ||
among other relevant factors: | ||
(1) the effect of the federal project on water users on | ||
the stream as certified by the board [ |
||
(2) the public interest to be served; | ||
(3) the development of damsites to the optimum | ||
potential for water conservation; | ||
(4) the integration of the federal project with other | ||
water conservation activities; | ||
(5) the protection of the state's interests in its | ||
water resources; and | ||
(6) the engineering practicality of the federal | ||
project, including cost of construction, operation, and | ||
maintenance. | ||
SECTION 123. Subchapter E, Chapter 12, Water Code, is | ||
amended by adding Section 12.111 to read as follows: | ||
Sec. 12.111. FEES. (a) The executive administrator shall | ||
charge and collect the fees prescribed by law. The executive | ||
administrator shall make a record of fees prescribed when due and | ||
shall render an account to the person charged with the fees. Each | ||
fee is a separate charge and is in addition to other fees unless | ||
provided otherwise. Except as otherwise provided, a fee assessed | ||
and collected under this section shall be deposited to the credit of | ||
the water resource management account. | ||
(b) Notwithstanding other provisions, the board by rule may | ||
establish due dates, schedules, and procedures for assessment, | ||
collection, and remittance of fees due the board to ensure the | ||
cost-effective administration of revenue collection and cash | ||
management programs. | ||
(c) Notwithstanding other provisions, the board by rule | ||
shall establish uniform and consistent requirements for the | ||
assessment of penalties and interest for late payment of fees owed | ||
the state under the board's jurisdiction. Penalties and interest | ||
established under this section may not exceed rates established for | ||
delinquent taxes under Sections 111.060 and 111.061, Tax Code. | ||
(d) Except as otherwise provided by law, the fee for filing | ||
an application or petition is $100 plus the cost of any required | ||
notice. | ||
(e) The fee for filing a water permit application is $100 | ||
plus the cost of required notice. | ||
(f) The fee for filing an application for fixing or | ||
adjusting rates is $100 plus the cost of required notice. | ||
(g) The fee for recording an instrument in the office of the | ||
board is $1.25 per page. | ||
(h) The fee for the use of water for irrigation is 50 cents | ||
per acre to be irrigated. | ||
(i) The fee for impounding water, except under Section | ||
11.142, is 50 cents per acre-foot of storage, based on the total | ||
holding capacity of the reservoir at normal operating level. | ||
(j) The fee for other uses of water not specifically named | ||
in this section is $1 per acre-foot, except that a political | ||
subdivision may not 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 deposited into the Texas Water Trust. | ||
(k) A fee charged under Subsections (h) through (j) for one | ||
use of water under a permit from the board may not exceed $50,000. | ||
The fee for each additional use of water under a permit for which | ||
the maximum fee is paid may not exceed $10,000. | ||
(l) The fees prescribed by Subsections (h) through (j) are | ||
one-time fees, payable when the application for an appropriation is | ||
made. However, if the total fee for a permit exceeds $1,000, the | ||
applicant shall pay one-half of the fee when the application is | ||
filed and one-half within 180 days after notice is mailed to the | ||
applicant that the permit is granted. If the applicant does not pay | ||
all of the amount owed before beginning to use water under the | ||
permit, the permit is annulled. | ||
(m) If a permit is annulled, the matter reverts to the | ||
status of a pending, filed application and, on the payment of use | ||
fees as provided by Subsections (h) through (l) together with | ||
sufficient postage fees for mailing notice of hearing, the board | ||
shall set the application for hearing and proceed as provided by | ||
this code. | ||
(n) A fee imposed under Subsection (j) for the use of saline | ||
tidal water for industrial processes is $1 per acre-foot of water | ||
diverted for the industrial process, not to exceed a total fee of | ||
$5,000. | ||
(o) Notwithstanding any other law, fees collected for | ||
deposit to the water resource management account under the | ||
following statutes may be appropriated and used to protect water | ||
resources in this state, including assessment of water quality, | ||
reasonably related to the activities of any of the persons required | ||
to pay a fee under: | ||
(1) Subsections (d) and (e), to the extent those fees | ||
are collected in connection with water use permits; | ||
(2) Subsections (h) through (l); | ||
(3) Section 11.138(g); and | ||
(4) Section 11.145. | ||
SECTION 124. Section 12.113, Water Code, is amended to read | ||
as follows: | ||
Sec. 12.113. DISPOSITION OF FEES, ETC. (a) The commission | ||
or board, as applicable, shall immediately deposit in the State | ||
Treasury the fees and charges it collects. | ||
(b) The board [ |
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collected under Subchapter G, Chapter 11, [ |
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State Treasury to the credit of the watermaster administration | ||
account, from which the board [ |
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necessary to efficiently administer and perform the duties | ||
described in Sections 11.325 through 11.335 [ |
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SECTION 125. Section 12.114, Water Code, is amended to read | ||
as follows: | ||
Sec. 12.114. DISPOSITION OF FEES PENDING DETERMINATION. | ||
The commission or board, as applicable, shall hold all fees, except | ||
filing fees, which are paid with an application until the | ||
commission or board, as applicable, finally determines whether the | ||
application should be granted. If the application is not granted, | ||
the commission or board, as applicable, shall return the fees to the | ||
applicant. | ||
SECTION 126. Subchapter E, Chapter 12, Water Code, is | ||
amended by adding Section 12.115 to read as follows: | ||
Sec. 12.115. FEES FOR GROUNDWATER STUDIES AND | ||
DETERMINATIONS. (a) A person who sells wholesale surface water or | ||
groundwater, for uses other than domestic or livestock use, shall | ||
annually report to the board the number of acre-feet sold. The | ||
board may create forms for the reports. | ||
(b) Retail and wholesale water supplies may include the fees | ||
from this section in their cost of service. A person described by | ||
Subsection (a) shall pay the board a fee to be set by the board, not | ||
to exceed $1.60 per acre-foot sold, for: | ||
(1) wholesale water sold in a year, measured from | ||
September 1 through August 31 of the following year; and | ||
(2) water sold in a water market subject to Chapter 14. | ||
(c) The board shall use a fee collected under this section | ||
to fund the scientific studies and duties required by Section | ||
16.012 and to operate groundwater management authorities. | ||
(d) The reports and fees required by this section are due | ||
not later than October 1 of each year, from sales that occurred from | ||
September 1 of the previous calendar year through August 31 of the | ||
current calendar year. | ||
SECTION 127. Section 13.144, Water Code, is amended to read | ||
as follows: | ||
Sec. 13.144. NOTICE OF WHOLESALE WATER SUPPLY CONTRACT. A | ||
district or authority created under Section 52, Article III, or | ||
Section 59, Article XVI, Texas Constitution, a retail public | ||
utility, a wholesale water service, or other person providing a | ||
retail public utility with a wholesale water supply shall provide | ||
the utility commission, the board, and the commission with a | ||
certified copy of any wholesale water supply contract with a retail | ||
public utility within 30 days after the date of the execution of the | ||
contract. The submission must include the amount of water being | ||
supplied, term of the contract, consideration being given for the | ||
water, purpose of use, location of use, source of supply, point of | ||
delivery, limitations on the reuse of water, a disclosure of any | ||
affiliated interest between the parties to the contract, and any | ||
other condition or agreement relating to the contract. | ||
SECTION 128. Section 13.148, Water Code, as added by | ||
Chapter 234 (H.B. 252), Acts of the 83rd Legislature, Regular | ||
Session, 2013, is amended to read as follows: | ||
Sec. 13.148. WATER SHORTAGE REPORT. (a) A retail public | ||
utility and each entity from which the utility is obtaining | ||
wholesale water service for the utility's retail system shall | ||
notify the commission and the board when the utility or entity is | ||
reasonably certain that the water supply will be available for less | ||
than 180 days. | ||
(b) The commission shall adopt rules to implement this | ||
section and prescribe the form and content of notice required under | ||
this section. | ||
SECTION 129. Section 13.381, Water Code, is amended to read | ||
as follows: | ||
Sec. 13.381. RIGHT TO JUDICIAL REVIEW; EVIDENCE. Any party | ||
to a proceeding before the utility commission, the board, or the | ||
commission is entitled to judicial review under the substantial | ||
evidence rule. | ||
SECTION 130. Subtitle B, Title 2, Water Code, is amended by | ||
adding Chapter 14 to read as follows: | ||
CHAPTER 14. WATER MARKETS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 14.001. DECLARATION OF POLICY. The state shall | ||
develop, maintain, and make available to governmental and private | ||
sector decision-makers, world class scientific modeling, | ||
monitoring, and forecasting data for surface water and groundwater | ||
availability in a manner that optimizes economic, social, and | ||
environmental outcomes. The state's policy is to monetize surface | ||
water and groundwater through water trading free markets that | ||
establish true market value. Water shall be freely transported | ||
across the state without unjustified governmental regulation, | ||
other than regulation necessary to conserve the state's natural and | ||
ecological resources, and to ensure environmental sustainability. | ||
Sec. 14.002. DEFINITIONS. In this chapter: | ||
(1) "Board" means the Texas Water Development Board. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Market" means a system for buying, selling, and | ||
trading rights to water. | ||
(4) "Railroad commission" means the Railroad | ||
Commission of Texas. | ||
(5) "Retail public utility" has the meaning assigned | ||
by Section 13.002. | ||
SUBCHAPTER B. WATER MARKETS AND CONSERVATION MEASURES | ||
Sec. 14.021. STATEMENT OF POLICY. (a) It is the policy of | ||
this state, to the fullest extent possible, to promote and | ||
encourage private capital and resources to be invested, including | ||
in public-private partnerships, to develop water, including the | ||
construction of reservoirs, pipelines, treatment facilities, | ||
aquifer recharge facilities, desalination facilities, and other | ||
water development assets or technologies. | ||
(b) The commission is encouraged to promptly review new | ||
technologies for water development, treatment, and transportation. | ||
Sec. 14.022. MARKETS. (a) The board shall administer water | ||
markets for surface water and groundwater in the state. | ||
(b) The board may contract with third parties to administer | ||
one or more markets. | ||
Sec. 14.023. PRIVATELY FUNDED PROJECTS. (a) | ||
Notwithstanding any other provision of this code, for a water | ||
development project that is fully or partially funded by private | ||
capital, an agency or political subdivision may not require the | ||
project to be listed on the state water plan or approved by a | ||
regional planning group as a condition to receive a permit or other | ||
authorization for the use of water. | ||
(b) A political subdivision, public water supply | ||
corporation, district, or authority may enter into an agreement | ||
with one or more private entities to develop water and wastewater | ||
projects, including agreements in which one or more private | ||
entities own or operate water or wastewater development, | ||
transportation, treatment, processing, distribution, or collection | ||
facilities. | ||
Sec. 14.024. RECYCLING FRACKING WATERS. A contract entered | ||
into between landowners and oil and gas exploration companies may | ||
not require the use of non-brackish water for fracking and other oil | ||
and gas exploration. | ||
Sec. 14.025. CONSERVATION PRICING. A retail public utility | ||
shall, for its retail water rates, adopt a progressive pricing | ||
scheme to encourage water conservation. | ||
Sec. 14.026. SMALLER RETAIL WATER UTILITIES. A wholesale | ||
water provider that supplies a retail public utility that provides | ||
potable water service to a customer base of 100,000 or fewer | ||
customers shall offer that retail public utility a renewal of its | ||
wholesale water contract for a period of not less than 20 years. | ||
The wholesale water provider may not increase the water rates | ||
charged to the retail utility by more than 20 percent of the | ||
previous year's rates of the expiring contract for the first five | ||
years of the new contract, and, after the first five years may not | ||
increase the rate charged by more than 20 percent for each | ||
subsequent five-year period. | ||
SECTION 131. Section 15.326, Water Code, is amended to read | ||
as follows: | ||
Sec. 15.326. PREFERENCES. The board shall give political | ||
subdivisions a preferential right, but not an exclusive right, to | ||
purchase, acquire, or lease facilities and to purchase water from | ||
facilities. Preferences shall be given in these respects in accord | ||
with the provisions of Section 11.123 [ |
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SECTION 132. Section 15.7031(c), Water Code, is amended to | ||
read as follows: | ||
(c) The dedication of any water rights placed in trust must | ||
be reviewed and approved by the board [ |
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with the commission [ |
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In addition, the Department of Agriculture may provide input to the | ||
board [ |
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process for dedication of water rights. | ||
SECTION 133. Sections 15.704(a) and (b), Water Code, are | ||
amended to read as follows: | ||
(a) A water right may be deposited in the water bank for an | ||
initial term of up to 10 years, unless otherwise held in the Texas | ||
Water Trust as established under Section 15.7031 [ |
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during which time the water right is exempt from cancellation by the | ||
board [ |
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subsection only once even if it has been transferred or | ||
redeposited. | ||
(b) The board [ |
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action under Subchapter E of Chapter 11 [ |
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period following board [ |
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actions relating to a water right which has been transferred while | ||
on deposit in the water bank. | ||
SECTION 134. Section 15.706, Water Code, is amended to read | ||
as follows: | ||
Sec. 15.706. REPORTS. The [ |
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provide ready access by the commission [ |
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manual or computer capabilities to all water rights permits, final | ||
water rights decisions, applications, amendments, contracts, | ||
computerized files, computer programs, and other information | ||
related to water rights and to the operation of the water bank. The | ||
board [ |
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notices of proposed water rights actions. | ||
SECTION 135. Sections 16.012(b), (c), (g), (h), (i), (j), | ||
(k), (l), and (m), Water Code, are amended to read as follows: | ||
(b) The executive administrator shall: | ||
(1) determine suitable locations for future water | ||
facilities, including reservoir sites; | ||
(2) determine suitable, cost-effective water supply | ||
alternatives on a regional basis, including voluntary means of | ||
encouraging aggressive water conservation; | ||
(3) locate land best suited for irrigation; | ||
(4) make estimates of the cost of proposed irrigation | ||
works and the improvement of reservoir sites; | ||
(5) examine and survey reservoir sites; | ||
(6) monitor the effects of fresh water inflows upon | ||
the bays and estuaries of Texas; | ||
(7) monitor instream flows; | ||
(8) lead a statewide effort, in coordination with | ||
federal, state, and local governments, institutions of higher | ||
education, and other interested parties, to develop a network for | ||
collecting and disseminating water resource-related information | ||
that is sufficient to support assessment of ambient water | ||
conditions statewide; | ||
(9) make recommendations for optimizing the | ||
efficiency and effectiveness of water resource data collection and | ||
dissemination as necessary to ensure that basic water resource data | ||
are maintained and available for Texas; [ |
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(10) make basic data and summary information developed | ||
under this subsection accessible to state agencies and other | ||
interested persons; and | ||
(11) assist groundwater management authorities in | ||
developing desired future conditions and groundwater availability | ||
for the aquifers of this state. | ||
(c) In performing the duties required under Subdivisions | ||
(1), (4), (5), (6), and (7) of Subsection (b), the executive | ||
administrator shall consider advice from the Parks and Wildlife | ||
Department and the commission. In addition, the Department of | ||
Agriculture may provide advice to the executive administrator, | ||
where appropriate, regarding any of the duties to be performed | ||
under Subsection (b). | ||
(g) The board [ |
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availability model for each [ |
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shall update the models as the board determines necessary [ |
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(h) [ |
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Recognizing that the Rio Grande is an international river touching | ||
on three states of the United States and five states of the United | ||
Mexican States and draining an area larger than the State of Texas, | ||
the model for the Rio Grande basin shall encompass to the extent | ||
practicable the significant water demands within the watershed of | ||
the river as well as the unique geology and hydrology of the region. | ||
The board [ |
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allocate the waters of the river, including jurisdictions outside | ||
this state. | ||
(i) Within 90 days of completing a water availability model | ||
for a river basin, the board [ |
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holders of existing permits, certified filings, and certificates of | ||
adjudication in that river basin the projected amount of water that | ||
would be available during a drought of record, for the subsequent | ||
calendar quarter. | ||
(j) Within 90 days of completing a water availability model | ||
for a river basin, the board [ |
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regional water planning group created under Section 16.053 [ |
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be available if cancellation procedures were instigated under the | ||
provisions of Subchapter E, Chapter 11[ |
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(k) Within 90 days of completing a water availability model | ||
for a river basin, the board [ |
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Parks and Wildlife Department and with input from the Department of | ||
Agriculture and the commission, where appropriate, shall determine | ||
the potential impact of reusing municipal and industrial effluent | ||
on existing water rights, instream uses, and freshwater inflows to | ||
bays and estuaries. Within 30 days of making this determination, | ||
the board [ |
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commission [ |
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under Section 16.053 [ |
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(l) The executive administrator shall obtain or develop | ||
groundwater availability models for major and minor aquifers in | ||
coordination with groundwater management authorities, groundwater | ||
conservation districts, and regional water planning groups created | ||
under Section 16.053 that overlie the aquifers. [ |
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completing a groundwater availability model for an aquifer, the | ||
executive administrator shall provide the model to each groundwater | ||
management authority, groundwater conservation district, and each | ||
regional water planning group created under Section 16.053 | ||
overlying that aquifer. | ||
(m) The executive administrator may conduct surveys of | ||
entities using groundwater and surface water for municipal, | ||
industrial, power generation, or mining purposes at intervals | ||
determined appropriate by the executive administrator to gather | ||
data to be used for long-term water supply planning. Recipients of | ||
the survey shall complete and return the survey to the executive | ||
administrator. A person who fails to timely complete and return the | ||
survey is not eligible for funding from the board for board programs | ||
and is ineligible to obtain permits, permit amendments, or permit | ||
renewals from the board [ |
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fails to complete and return the survey commits an offense that is | ||
punishable as a Class C misdemeanor. This subsection does not apply | ||
to survey information regarding windmills used for domestic and | ||
livestock use. | ||
SECTION 136. Sections 16.053(c), (e), (p), (p-2), (p-3), | ||
and (p-4), Water Code, are amended to read as follows: | ||
(c) No later than 60 days after the designation of the | ||
regions under Subsection (b), the board shall designate | ||
representatives within each regional water planning area to serve | ||
as the initial coordinating body for planning. The initial | ||
coordinating body may then designate additional representatives to | ||
serve on the regional water planning group. The initial | ||
coordinating body shall designate additional representatives if | ||
necessary to ensure adequate representation from the interests | ||
comprising that region, including the public, counties, | ||
municipalities, industries, agricultural interests, environmental | ||
interests, small businesses, electric generating utilities, river | ||
authorities, water districts, and water utilities. The regional | ||
water planning group shall maintain adequate representation from | ||
those interests. In addition, the groundwater conservation | ||
districts located in [ |
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one representative of a groundwater conservation district located | ||
in the [ |
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serve on the regional water planning group. In addition, one | ||
representative from each groundwater management authority located | ||
in the regional planning group shall serve on the regional planning | ||
group. In addition, representatives of the board, the Parks and | ||
Wildlife Department, the Department of Agriculture, and the State | ||
Soil and Water Conservation Board shall serve as ex officio members | ||
of each regional water planning group. | ||
(e) Each regional water planning group shall submit to the | ||
development board a regional water plan that: | ||
(1) is consistent with the guidance principles for the | ||
state water plan adopted by the development board under Section | ||
16.051(d); | ||
(2) provides information based on data provided or | ||
approved by the development board in a format consistent with the | ||
guidelines provided by the development board under Subsection (d); | ||
(2-a) is consistent with the desired future conditions | ||
adopted under Section 36.108 for the relevant aquifers located in | ||
the regional water planning area as of the most recent deadline for | ||
the board to adopt the state water plan under Section 16.051 or, at | ||
the option of the regional water planning group, established | ||
subsequent to the adoption of the most recent plan; [ |
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(3) identifies: | ||
(A) each source of water supply in the regional | ||
water planning area, including information supplied by the | ||
executive administrator on the amount of modeled available | ||
groundwater in accordance with the guidelines provided by the | ||
development board under Subsections (d) and (f); | ||
(B) factors specific to each source of water | ||
supply to be considered in determining whether to initiate a | ||
drought response; | ||
(C) actions to be taken as part of the response; | ||
and | ||
(D) existing major water infrastructure | ||
facilities that may be used for interconnections in the event of an | ||
emergency shortage of water; | ||
(4) has specific provisions for water management | ||
strategies to be used during a drought of record; | ||
(5) includes but is not limited to consideration of | ||
the following: | ||
(A) any existing water or drought planning | ||
efforts addressing all or a portion of the region and potential | ||
impacts on public health, safety, or welfare in this state; | ||
(B) approved groundwater management authority | ||
[ |
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under Section 16.054; | ||
(C) all potentially feasible water management | ||
strategies, including but not limited to improved conservation, | ||
reuse, and management of existing water supplies, conjunctive use, | ||
acquisition of available existing water supplies, and development | ||
of new water supplies; | ||
(D) protection of existing water rights in the | ||
region; | ||
(E) opportunities for and the benefits of | ||
developing regional water supply facilities or providing regional | ||
management of water supply facilities; | ||
(F) appropriate provision for environmental | ||
water needs and for the effect of upstream development on the bays, | ||
estuaries, and arms of the Gulf of Mexico and the effect of plans on | ||
navigation; | ||
(G) [ |
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[ |
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region using, but not limited to, regional water banks, sales, | ||
leases, options, subordination agreements, and financing | ||
agreements; | ||
(H) [ |
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Section 11.139, including information on the part of each permit, | ||
certified filing, or certificate of adjudication for nonmunicipal | ||
use in the region that may be transferred without causing | ||
unreasonable damage to the property of the nonmunicipal water | ||
rights holder; and | ||
(I) [ |
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developing large-scale desalination facilities for: | ||
(i) marine seawater that serve local or | ||
regional entities; and | ||
(ii) seawater or brackish groundwater that | ||
serve local or regional brackish groundwater production zones | ||
identified and designated under Section 16.060(b)(5); | ||
(6) identifies river and stream segments of unique | ||
ecological value and sites of unique value for the construction of | ||
reservoirs that the regional water planning group recommends for | ||
protection under Section 16.051; | ||
(7) assesses the impact of the plan on unique river and | ||
stream segments identified in Subdivision (6) if the regional water | ||
planning group or the legislature determines that a site of unique | ||
ecological value exists; | ||
(8) describes the impact of proposed water projects on | ||
water quality; and | ||
(9) includes information on: | ||
(A) projected water use and conservation in the | ||
regional water planning area; and | ||
(B) the implementation of state and regional | ||
water plan projects, including water conservation strategies, | ||
necessary to meet the state's projected water demands. | ||
(p) If a groundwater management authority [ |
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a conflict requiring resolution may exist between the authority's | ||
[ |
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36.1071 and an approved state water plan, the development board | ||
shall provide technical assistance to and facilitate coordination | ||
between the district and the involved region to resolve the | ||
conflict. Not later than the 45th day after the date the | ||
groundwater management authority [ |
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petition with the development board, if the conflict has not been | ||
resolved, the authority [ |
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mediate the conflict. The authority [ |
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region may seek the assistance of the Center for Public Policy | ||
Dispute Resolution at The University of Texas School of Law or an | ||
alternative dispute resolution system established under Chapter | ||
152, Civil Practice and Remedies Code, in obtaining a qualified | ||
impartial third party to mediate the conflict. The cost of the | ||
mediation services must be specified in the agreement between the | ||
parties and the Center for Public Policy Dispute Resolution or the | ||
alternative dispute resolution system. If the authority [ |
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and the involved region cannot resolve the conflict through | ||
mediation, the development board shall resolve the conflict not | ||
later than the 60th day after the date the mediation is completed as | ||
provided by Subsections (p-1) and (p-2). | ||
(p-2) If the development board determines that resolution | ||
of the conflict requires a revision of the authority's [ |
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approved groundwater conservation [ |
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development board shall provide information to the authority | ||
[ |
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prepare any revisions to its plan based on the information provided | ||
by the development board and shall hold, after notice, at least one | ||
public hearing at some central location readily accessible to the | ||
public within the authority [ |
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authority [ |
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board comments, prepare, revise, and adopt its plan, and submit the | ||
revised plan to the development board. | ||
(p-3) If the groundwater management authority [ |
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under Subsection (p), the authority [ |
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decision to a district court in Travis County. Costs for the appeal | ||
shall be set by the court hearing the appeal. An appeal under this | ||
subsection is by trial de novo. | ||
(p-4) On the request of the involved region or groundwater | ||
management authority [ |
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board shall include discussion of the conflict and its resolution | ||
in the state water plan that the development board provides to the | ||
governor, the lieutenant governor, and the speaker of the house of | ||
representatives under Section 16.051(e). | ||
SECTION 137. Section 16.055(j), Water Code, is amended to | ||
read as follows: | ||
(j) The board may enforce a violation of [ |
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provided by Chapter 7 for the enforcement by the commission of 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. | ||
SECTION 138. Section 16.059(e), Water Code, is amended to | ||
read as follows: | ||
(e) Results of studies completed under this section shall be | ||
considered by the board [ |
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management plan, water right, or interbasin transfer. | ||
SECTION 139. Section 16.196, Water Code, is amended to read | ||
as follows: | ||
Sec. 16.196. PREFERENCES. The board shall give political | ||
subdivisions a preferential right, but not an exclusive right, to | ||
purchase, acquire, or lease facilities and to purchase water from | ||
facilities. Preferences shall be given in these respects in accord | ||
with the provisions of Section 11.123 [ |
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preferences in the appropriation and use of state water. [ |
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SECTION 140. Section 16.236(h), Water Code, is amended to | ||
read as follows: | ||
(h) Subsection (a) [ |
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(1) any dam, reservoir, or canal system associated | ||
with a water right issued or recognized by the board [ |
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(2) dams authorized by Section 11.142 [ |
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(3) a levee or other improvement within the corporate | ||
limits of a city or town provided: (a) plans for the construction | ||
or maintenance or both must be approved by the city or town as a | ||
condition precedent to starting the project and (b) the city or town | ||
requires that such plans be in substantial compliance with rules | ||
and standards adopted by the commission; | ||
(4) a levee or other improvement within the boundaries | ||
of any political subdivision which has qualified for the National | ||
Flood Insurance Program as authorized by the National Flood | ||
Insurance Act of 1968 (42 U.S.C. [ |
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4001-4127) provided: (a) plans for the construction or | ||
maintenance or both must be approved by the political subdivision | ||
which is participating in the national flood insurance program as a | ||
condition precedent to starting the project and (b) the political | ||
subdivision requires that such plans be in substantial compliance | ||
with rules and standards adopted by the commission; | ||
(5) projects implementing soil and water conservation | ||
practices set forth in a conservation plan with a landowner or | ||
operator and approved by the governing board of a soil and water | ||
conservation district organized under Chapter 201, Agriculture | ||
Code [ |
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finds the practices do not significantly affect stream flooding | ||
conditions on, along, or near a state stream; or | ||
(6) any levee or other improvement constructed outside | ||
of the 100-year floodway. For the purposes of this section, | ||
"100-year floodway" is defined as the channel of a stream and the | ||
adjacent land areas that must be reserved in order to discharge the | ||
100-year flood without cumulatively increasing the water surface | ||
elevation more than one foot above the 100-year flood elevation | ||
prior to encroachment. | ||
SECTION 141. Section 16.237(a), Water Code, is amended to | ||
read as follows: | ||
(a) If a person violates a commission rule or order adopted | ||
under Section 16.236 [ |
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administrative penalty against that person in the manner [ |
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provided by Section 11.0842 for a violation of a rule or order | ||
adopted under Chapter 11. The penalty may be in an amount not to | ||
exceed $1,000 for each day the person is in violation of the rule or | ||
order. Each day a violation continues may be considered a separate | ||
violation for purposes of penalty assessment [ |
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SECTION 142. Section 18.001, Water Code, is amended by | ||
amending Subdivision (1) and adding Subdivision (1-a) to read as | ||
follows: | ||
(1) "Board" means the Texas Water Development Board. | ||
(1-a) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
SECTION 143. Sections 18.003(c), (e), (h), (i), and (j), | ||
Water Code, are amended to read as follows: | ||
(c) A person who diverts and uses state water that consists | ||
of marine seawater under a permit required by Subsection (a) or as | ||
authorized by Subsection (b) must determine the total dissolved | ||
solids concentration of the seawater at the water source by monthly | ||
sampling and analysis and provide the data collected to the board | ||
[ |
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the diversion of marine seawater without obtaining a permit until | ||
the person has provided data to the board [ |
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analysis of samples taken at the water source over a period of at | ||
least one year demonstrating that Subsection (a)(2) does not apply. | ||
A person who has begun construction of a facility for the diversion | ||
of marine seawater without obtaining a permit because the person | ||
has demonstrated that Subsection (a)(2) does not apply is not | ||
required to obtain a permit for the facility if the total dissolved | ||
solids concentration of the seawater at the water source | ||
subsequently changes so that Subsection (a)(2) applies. | ||
(e) The board [ |
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expedited procedure for acting on an application for a permit | ||
required by Subsection (a). The rules must provide for notice, an | ||
opportunity for the submission of written comment, and an | ||
opportunity for a contested case hearing regarding board | ||
[ |
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(h) The board [ |
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reasonable measures to minimize impingement and entrainment. | ||
(i) The Parks and Wildlife Department and the General Land | ||
Office jointly shall conduct a study to identify zones in the Gulf | ||
of Mexico that are appropriate for the diversion of marine | ||
seawater, taking into account the need to protect marine organisms. | ||
Not later than September 1, 2018, the Parks and Wildlife Department | ||
and the General Land Office shall submit a report on the results of | ||
the study to the board [ |
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recommended diversion zones for designation by the board | ||
[ |
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which, and the rate at which, a facility may divert marine | ||
seawater. Not later than September 1, 2020, the board [ |
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by rule shall designate appropriate diversion zones. A diversion | ||
zone may be contiguous to, be the same as, or overlap a discharge | ||
zone. The point or points from which a facility may divert marine | ||
seawater must be located in a diversion zone designated by the board | ||
[ |
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(1) the facility is authorized by a permit as required | ||
by Subsection (a) issued after the rules are adopted; or | ||
(2) the facility is exempt under Subsection (b) from | ||
the requirement of a permit and construction of the facility begins | ||
after the rules are adopted. | ||
(j) Until the board [ |
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Subsection (i), a person must consult the Parks and Wildlife | ||
Department and the General Land Office regarding the point or | ||
points from which a facility the person proposes to construct may | ||
divert marine seawater before submitting an application for a | ||
permit for the facility if Subsection (a) applies or before | ||
beginning construction of the facility if Subsection (b) applies. | ||
SECTION 144. Sections 18.004(a) and (b), Water Code, are | ||
amended to read as follows: | ||
(a) With prior authorization granted under rules prescribed | ||
by the board [ |
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flowing natural stream in this state or a lake, reservoir, or other | ||
impoundment in this state to convey marine seawater that has been | ||
treated so as to meet standards that are at least as stringent as | ||
the water quality standards applicable to the receiving stream or | ||
impoundment adopted by the commission. | ||
(b) The board [ |
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opportunity for the submission of written comment but may not | ||
provide an opportunity for a contested case hearing regarding board | ||
[ |
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authorization under this section to use the bed and banks of a | ||
flowing natural stream to convey treated marine seawater. The | ||
board [ |
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submission of written comment, and an opportunity for a contested | ||
case hearing regarding board [ |
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application for an authorization under this section to use a lake, | ||
reservoir, or other impoundment to convey treated marine seawater. | ||
SECTION 145. Section 26.0291(a), Water Code, is amended to | ||
read as follows: | ||
(a) An annual water quality fee is imposed on: | ||
(1) each wastewater discharge permit holder, | ||
including the holder of a permit issued under Section 18.005, for | ||
each wastewater discharge permit held; and | ||
(2) each user of water in proportion to the user's | ||
water right, through permit or contract, as reflected in the | ||
board's [ |
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[ |
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the portion of a municipal or industrial water right directly | ||
associated with a facility or operation for which a fee is assessed | ||
under Subdivision (1) [ |
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SECTION 146. Chapter 35, Water Code, is amended by | ||
designating Sections 35.001 through 35.020 as Subchapter A and | ||
adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
SECTION 147. Section 35.001, Water Code, is amended to read | ||
as follows: | ||
Sec. 35.001. PURPOSE. In order to provide for the | ||
conservation, preservation, protection, recharging, and prevention | ||
of waste of the groundwater, and of groundwater reservoirs or their | ||
subdivisions, and to control subsidence caused by withdrawal of | ||
water from those groundwater reservoirs or their subdivisions, | ||
consistent with the objectives of Section 59, Article XVI, Texas | ||
Constitution, groundwater management authorities shall [ |
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be created as provided by this chapter. | ||
SECTION 148. Section 35.002(11), Water Code, is amended to | ||
read as follows: | ||
(11) "Groundwater management authority [ |
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SECTION 149. Section 35.020, Water Code, is amended 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 authority [ |
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a groundwater conservation district. | ||
SECTION 150. Chapter 35, Water Code, is amended by adding | ||
Subchapter B to read as follows: | ||
SUBCHAPTER B. GROUNDWATER MANAGEMENT AUTHORITIES | ||
Sec. 35.051. POLICY. Groundwater management authorities | ||
are created to assist the Texas Water Development Board in | ||
determining desired future conditions and groundwater availability | ||
of the state's aquifers. | ||
Sec. 35.052. CREATION. The Texas Water Development Board | ||
shall designate a groundwater management authority for each of the | ||
state's major aquifers that the board identifies as having | ||
reasonably accessible groundwater. | ||
Sec. 35.053. DESIRED FUTURE CONDITIONS. A groundwater | ||
management authority shall determine desired future conditions and | ||
groundwater availability for each major aquifer and each minor | ||
aquifer within its territory. If a minor aquifer is within more | ||
than one groundwater management authority territory, the Texas | ||
Water Development Board shall designate one groundwater management | ||
authority to manage the minor aquifer. | ||
Sec. 35.054. BOARD OF DIRECTORS. (a) Each groundwater | ||
management authority shall be governed by a board of seven | ||
directors appointed by the governor, with the advice and consent of | ||
the senate, to serve for six-year staggered terms. Each member of | ||
the board of directors must reside within the groundwater | ||
management authority's territory, and shall be selected from | ||
different geographic areas from within the authority's territory. | ||
(b) A member of the board of directors is entitled to the | ||
same per diem compensation and reimbursement of reasonable travel | ||
expenses as a member of the board of directors of a river authority. | ||
Sec. 35.055. POWERS AND DUTIES. A groundwater management | ||
authority may: | ||
(1) limit groundwater production based on tract size | ||
or the spacing of wells; | ||
(2) conserve, preserve, protect, and recharge | ||
groundwater; | ||
(3) control subsidence; | ||
(4) prevent degradation of water quality; and | ||
(5) prevent waste of groundwater. | ||
Sec. 35.056. RULES. (a) Groundwater management | ||
authorities may adopt such rules as may be necessary to govern their | ||
operations and any duties or powers granted to them in accordance | ||
with Chapter 2001, Government Code. | ||
(b) In adopting a rule under this section, a groundwater | ||
management authority shall: | ||
(1) consider all groundwater uses and needs; | ||
(2) develop rules that are fair and impartial; | ||
(3) consider the groundwater ownership and rights | ||
described by Section 36.002; | ||
(4) consider the public interest in: | ||
(A) conservation, preservation, protection, | ||
recharging, and prevention of waste of groundwater, and of | ||
groundwater reservoirs or their subdivisions; and | ||
(B) controlling subsidence caused by withdrawal | ||
of groundwater from those groundwater reservoirs or their | ||
subdivisions, consistent with the objectives of Section 59, Article | ||
XVI, Texas Constitution; | ||
(5) consider the goals developed as part of the | ||
authority's management plan under Section 36.1071; and | ||
(6) not discriminate between land that is irrigated | ||
for production and land that was irrigated for production and | ||
enrolled or participating in a federal conservation program. | ||
Sec. 35.057. ENFORCEMENT; PENALTIES. (a) A groundwater | ||
management authority may enforce this chapter, Chapter 36, and its | ||
rules against a person by injunction, mandatory injunction, or | ||
other appropriate remedy in a court of competent jurisdiction. | ||
(b) The groundwater management authority's board by rule | ||
may set reasonable civil penalties against a person for breach of | ||
any rule of the authority not to exceed $10,000 per day per | ||
violation, and each day of a continuing violation constitutes a | ||
separate violation. | ||
(c) A penalty under this section is in addition to any other | ||
penalty provided by law and may be enforced against a person by | ||
complaints filed in the appropriate court of jurisdiction in the | ||
county in which the groundwater management authority's principal | ||
office or meeting place is located. | ||
(d) In an enforcement action by a groundwater management | ||
authority against a person that is a governmental entity for a | ||
violation of authority rules, the limits on the amount of fees, | ||
costs, and penalties that an authority may impose under Section | ||
36.122, 36.205, or this section, or under a special law governing a | ||
district operating under Chapter 36, constitute a limit of | ||
liability of the governmental entity for the violation. This | ||
subsection may not be construed to prohibit the recovery by an | ||
authority of fees and costs in an action against any person that is | ||
a governmental entity. | ||
(e) A groundwater management authority may, in its sole | ||
discretion, order the limitation or cessation of groundwater | ||
production for any purpose other than for domestic and livestock | ||
use in order to ensure the aquifer's water volume does not fall | ||
below the minimum water volume established by Section | ||
36.1071(e)(3)(H). | ||
(f) To assist in enforcement efforts, a groundwater | ||
management authority may delegate enforcement authority under this | ||
section to one or more groundwater conservation districts to act on | ||
the authority's behalf under the terms as the authority may | ||
consider appropriate. The authority may rescind or modify the | ||
delegation at any time. | ||
Sec. 35.058. COSTS. (a) The costs of operation of the | ||
groundwater management authorities shall be funded by the Texas | ||
Water Development Board from the fees assessed in Section 12.115. | ||
(b) A groundwater management authority may, by rule, set and | ||
charge other reasonable fees for administrative acts of the | ||
authority, and may use those fees for any purpose of the authority. | ||
Sec. 35.059. CONFLICTS OF LAW. To the extent there is any | ||
conflict between a rule adopted by a groundwater conservation | ||
district and a groundwater management authority, the rules of the | ||
groundwater management authority control. | ||
Sec. 35.060. SUITS. A groundwater management authority may | ||
sue and be sued. A person affected by and dissatisfied with any | ||
rule or order made by an authority, including an appeal of a | ||
decision on a permit application, may file a suit against the | ||
authority to challenge the validity of the law, rule, or order. | ||
Venue is in state district court of Travis County. | ||
Sec. 35.061. MEETINGS. Meetings of the board of directors | ||
shall be governed by Chapter 551, Government Code. | ||
Sec. 35.062. STAFF. The authority's board may hire a | ||
general manager and other staff and outside consultants as | ||
necessary. | ||
SECTION 151. Sections 36.001(29) and (30), Water Code, are | ||
amended to read as follows: | ||
(29) "Groundwater management authority" has the | ||
meaning assigned by Section 35.002 [ |
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(30) "Desired future condition" means a quantitative | ||
description, adopted in accordance with Section 36.108, of the | ||
desired condition of the groundwater resources in an aquifer [ |
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SECTION 152. Section 36.0015(b), Water Code, is amended to | ||
read as follows: | ||
(b) In order to provide for the conservation, preservation, | ||
protection, recharging, and prevention of waste of groundwater, and | ||
of groundwater reservoirs or their subdivisions, and to control | ||
subsidence caused by withdrawal of water from those groundwater | ||
reservoirs or their subdivisions, consistent with the objectives of | ||
Section 59, Article XVI, Texas Constitution, groundwater | ||
conservation districts may be created as provided by this chapter. | ||
Groundwater management authorities created as provided by Chapter | ||
35 and groundwater conservation districts created as provided by | ||
this chapter are the state's preferred method of groundwater | ||
management in order to protect property rights, balance the | ||
conservation and development of groundwater to meet the needs of | ||
this state, and use the best available science in the conservation | ||
and development of groundwater through rules developed, adopted, | ||
and promulgated by a district in accordance with [ |
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accordance with Chapter 35 and this chapter. | ||
SECTION 153. Section 36.002(d), Water Code, is amended to | ||
read as follows: | ||
(d) This section does not: | ||
(1) prohibit a district or groundwater management | ||
authority, as applicable, from limiting or prohibiting the drilling | ||
of a well by a landowner for failure or inability to comply with | ||
minimum well spacing or tract size requirements adopted by the | ||
groundwater management authority [ |
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(2) affect the ability of a district or groundwater | ||
management authority, as applicable, to regulate groundwater | ||
production as authorized under Section 36.113, 36.116, or 36.122 or | ||
otherwise under this chapter or a special law governing a district; | ||
or | ||
(3) require that a rule adopted by a district or | ||
groundwater management authority, as applicable, allocate to each | ||
landowner a proportionate share of available groundwater for | ||
production from the aquifer based on the number of acres owned by | ||
the landowner. | ||
SECTION 154. Section 36.012(c), Water Code, is amended to | ||
read as follows: | ||
(c) The boundaries of a district must be coterminous with or | ||
inside the boundaries of a groundwater management authority [ |
||
or a priority groundwater management area. | ||
SECTION 155. Sections 36.015(b), (c), and (f), Water Code, | ||
are amended to read as follows: | ||
(b) The commission may not certify a petition if the | ||
commission finds that the proposed district cannot be adequately | ||
funded to carry out its purposes based on the financial information | ||
provided in the petition under Section 36.013(c)(6) or that the | ||
boundaries of the proposed district do not provide for the | ||
effective management of the groundwater resources. The commission | ||
shall give preference to boundary lines that are coterminous with | ||
those of a groundwater management authority [ |
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consider boundaries along existing political subdivision | ||
boundaries if such boundaries would facilitate district creation | ||
and confirmation. | ||
(c) If a petition proposes the creation of a district in an | ||
area, in whole or in part, that has not been designated as a | ||
groundwater management authority [ |
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provide notice to the Texas Water Development Board. On the receipt | ||
of notice from the commission, the Texas Water Development Board | ||
shall initiate the process of designating or expanding a | ||
groundwater management authority [ |
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proposed district not included in a management authority [ |
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The commission may not certify the petition until the Texas Water | ||
Development Board has adopted a rule whereby the boundaries of the | ||
proposed district are coterminous with or inside the boundaries of | ||
a management authority [ |
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(f) Refusal by the commission to certify a petition to | ||
create a district does not invalidate or affect the designation of | ||
any groundwater management authority [ |
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SECTION 156. Section 36.063(b), Water Code, is amended to | ||
read as follows: | ||
(b) At least 10 days before a hearing under Section | ||
36.108(d-2) [ |
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district included in the applicable groundwater management | ||
authority must post notice that includes: | ||
(1) the proposed desired future conditions and a list | ||
of any other agenda items; | ||
(2) the date, time, and location of the meeting or | ||
hearing; | ||
(3) the name, telephone number, and address of the | ||
person to whom questions or requests for additional information may | ||
be submitted; | ||
(4) the names of the other districts in the | ||
groundwater [ |
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(5) information on how the public may submit comments. | ||
SECTION 157. Sections 36.101(a) and (a-1), Water Code, are | ||
amended to read as follows: | ||
(a) A district may make and enforce rules, including rules | ||
[ |
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recharging of the groundwater or of a groundwater reservoir or its | ||
subdivisions in order to control subsidence, prevent degradation of | ||
water quality, or prevent waste of groundwater and to carry out the | ||
powers and duties provided by this chapter. A district may not | ||
adopt rules regarding the spacing of wells, the withdrawal of water | ||
from wells, or water exports, except fees for water exported from a | ||
district [ |
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(a-1) Any rule of a district or groundwater management | ||
authority that discriminates between land that is irrigated for | ||
production and land that was irrigated for production and enrolled | ||
or participating in a federal conservation program is void. | ||
SECTION 158. Sections 36.105(a), (d), and (e), Water Code, | ||
are amended to read as follows: | ||
(a) A district or groundwater management authority may | ||
exercise the power of eminent domain to acquire by condemnation a | ||
fee simple or other interest in property if that property interest | ||
is: | ||
(1) within the boundaries of the district or | ||
groundwater management authority; and | ||
(2) necessary for conservation purposes, including | ||
monitoring, recharge, and reuse. | ||
(d) In a condemnation proceeding brought by a district or | ||
groundwater management authority, the district or groundwater | ||
management authority is not required to pay in advance or give bond | ||
or other security for costs in the trial court, to give bond for the | ||
issuance of a temporary restraining order or a temporary | ||
injunction, or to give bond for costs or supersedeas on an appeal or | ||
writ of error. | ||
(e) In exercising the power of eminent domain, if the | ||
district or groundwater management authority requires relocating, | ||
raising, lowering, rerouting, changing the grade, or altering the | ||
construction of any railroad, highway, pipeline, or electric | ||
transmission or distribution, telegraph, or telephone lines, | ||
conduits, poles, or facilities, the district or authority must bear | ||
the actual cost of relocating, raising, lowering, rerouting, | ||
changing the grade, or altering the construction to provide | ||
comparable replacement without enhancement of facilities after | ||
deducting the net salvage value derived from the old facility. | ||
SECTION 159. Section 36.106, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.106. SURVEYS. A district or groundwater management | ||
authority may make surveys of the groundwater reservoir or | ||
subdivision and surveys of the facilities in order to determine the | ||
quantity of water available for production and use and to determine | ||
the improvements, development, and recharging needed by a reservoir | ||
or its subdivision. | ||
SECTION 160. Section 36.107, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.107. RESEARCH. A district or groundwater | ||
management authority may carry out any research projects deemed | ||
necessary by its [ |
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SECTION 161. Section 36.1071, Water Code, is amended to | ||
read as follows: | ||
Sec. 36.1071. MANAGEMENT PLAN. (a) Following notice and | ||
hearing, the groundwater management authority, with the assistance | ||
and input from all districts within the authority's territory | ||
[ |
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entities on a regional basis, develop a management plan that | ||
addresses the following management goals, as applicable: | ||
(1) providing the most efficient use of groundwater; | ||
(2) controlling and preventing waste of groundwater; | ||
(3) controlling and preventing subsidence; | ||
(4) addressing conjunctive surface water management | ||
issues; | ||
(5) addressing natural resource issues; | ||
(6) addressing drought conditions; | ||
(7) addressing conservation, recharge enhancement, | ||
rainwater harvesting, precipitation enhancement, or brush control, | ||
where appropriate and cost-effective; and | ||
(8) addressing the desired future conditions adopted | ||
[ |
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(b) The management plan, or any amendments to the plan, | ||
shall be developed using the groundwater management authority's | ||
[ |
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water planning group for use in their planning process. | ||
(c) The commission and the Texas Water Development Board | ||
shall provide technical assistance [ |
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development of the management plan required under Subsection (a) | ||
which may include, if requested by the groundwater management | ||
authority [ |
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prior to final approval by the groundwater management authority | ||
[ |
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the commission shall provide comment not later than 30 days from the | ||
date the request is received. | ||
(d) The commission and the Texas Water Development Board | ||
shall provide technical assistance to a district or groundwater | ||
management authority during its initial operational phase. If | ||
requested by a district or a groundwater management authority, the | ||
Texas Water Development Board shall provide training [ |
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technical assistance [ |
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(e) In the management plan described under Subsection (a), | ||
the groundwater management authority [ |
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(1) identify the performance standards and management | ||
objectives under which the groundwater management authority | ||
[ |
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under Subsection (a); | ||
(2) specify, in as much detail as possible, the | ||
actions, procedures, performance, and avoidance that are or may be | ||
necessary to effect the plan, including specifications and proposed | ||
rules; | ||
(3) include estimates of the following: | ||
(A) modeled available groundwater in the | ||
groundwater management authority [ |
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future condition established under Section 36.108; | ||
(B) the amount of groundwater being used within | ||
the groundwater management authority [ |
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(C) the annual amount of recharge from | ||
precipitation, if any, to the groundwater resources within the | ||
groundwater management authority [ |
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(D) for each aquifer, the annual volume of water | ||
that discharges from the aquifer to springs and any surface water | ||
bodies, including lakes, streams, and rivers; | ||
(E) the annual volume of flow into and out of the | ||
groundwater management authority [ |
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and between aquifers in the groundwater management authority | ||
[ |
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(F) the projected surface water supply in the | ||
groundwater management authority [ |
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recently adopted state water plan or water availability model; | ||
[ |
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(G) the projected total demand for water in the | ||
groundwater management authority [ |
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recently adopted state water plan; and | ||
(H) the minimum amount of groundwater necessary | ||
to sustain six months of domestic and livestock use during the most | ||
recent drought of record; and | ||
(4) consider the water supply needs and water | ||
management strategies included in the adopted state water plan. | ||
(f) The groundwater management authority [ |
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adopt rules necessary to implement the management plan. Prior to | ||
the development of the management plan and its approval under | ||
Section 36.1072, the groundwater management authority or district | ||
may not adopt rules other than rules pertaining to the registration | ||
and interim permitting of new and existing wells and rules | ||
governing spacing and procedure before the groundwater management | ||
authority's or district's board; however, the groundwater | ||
management authority [ |
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the production of wells, except rules requiring that groundwater | ||
produced from a well be put to a nonwasteful, beneficial use. The | ||
district or groundwater management authority may accept | ||
applications for permits under Section 36.113, provided the | ||
district or groundwater management authority does not act on any | ||
such application until the groundwater management authority's | ||
[ |
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36.1072. | ||
(g) The groundwater management authority [ |
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adopt amendments to the management plan as necessary. Amendments | ||
to the management plan shall be adopted after notice and hearing and | ||
shall otherwise comply with the requirements of this section. | ||
(h) In developing its management plan, the groundwater | ||
management authority [ |
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availability modeling information provided by the executive | ||
administrator together with any available site-specific | ||
information that has been provided by the district or groundwater | ||
management authority to the executive administrator for review and | ||
comment before being used in the plan. | ||
(i) The data determined in this section and placed in the | ||
final groundwater management plan is not subject to challenge in | ||
court in any collateral legal action. | ||
SECTION 162. Sections 36.1072(a-1), (b), (c), (e), (f), and | ||
(g), Water Code, are amended to read as follows: | ||
(a-1) A groundwater management authority [ |
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not later than September 1, 2022 [ |
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36.1071 to the executive administrator for review and approval. | ||
(b) Within 60 days of receipt of a [ |
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plan adopted under Section 36.1071, readopted under Subsection (e) | ||
or (g) [ |
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executive administrator shall approve the [ |
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plan is administratively complete. A management plan is | ||
administratively complete when it contains the information | ||
required to be submitted under Section 36.1071(a) and (e). The | ||
executive administrator may determine whether conditions justify | ||
waiver of the requirements under Section 36.1071(e)(4). | ||
(c) Once the executive administrator has approved a | ||
[ |
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(1) the executive administrator may not revoke but may | ||
require revisions to the approved management plan as provided by | ||
Subsection (g); and | ||
(2) the executive administrator may request | ||
additional information from the groundwater management authority | ||
[ |
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supplement previously submitted material, but a request for | ||
additional information does not render the management plan | ||
unapproved. | ||
(e) The groundwater management authority [ |
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review the plan annually and must review and readopt the plan with | ||
or without revisions at least once every five years. The | ||
groundwater management authority [ |
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readopted plan to the executive administrator not later than the | ||
60th day after the date on which the plan was readopted. Approval | ||
of the preceding management plan remains in effect until: | ||
(1) the groundwater management authority [ |
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fails to timely readopt a management plan; | ||
(2) the groundwater management authority [ |
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fails to timely submit the groundwater management authority's | ||
[ |
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administrator; or | ||
(3) the executive administrator determines that the | ||
readopted management plan does not meet the requirements for | ||
approval, and the groundwater management authority [ |
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exhausted all appeals to the Texas Water Development Board [ |
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(f) If the executive administrator does not approve the | ||
groundwater management authority's [ |
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the executive administrator shall provide to the groundwater | ||
management authority [ |
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action. Not later than the 180th day after the date a groundwater | ||
management authority [ |
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management plan has not been approved, the groundwater management | ||
authority [ |
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review and approval. The executive administrator's decision may be | ||
appealed to the development board. [ |
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(g) A person with a legally defined interest in groundwater | ||
in a groundwater management authority [ |
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water planning group, may file a petition with the development | ||
board stating that a conflict requiring resolution may exist | ||
between the authority's [ |
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developed under Section 36.1071 and the state water plan. If a | ||
conflict exists, the development board shall provide technical | ||
assistance to and facilitate coordination between the involved | ||
person or regional water planning group and the groundwater | ||
management authority [ |
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than the 45th day after the date the person or the regional water | ||
planning group files a petition with the development board, if the | ||
conflict has not been resolved, the groundwater management | ||
authority [ |
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group may petition the executive administrator to resolve [ |
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the conflict. The [ |
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shall resolve the conflict not later than the 60th day after the | ||
date the petition is received [ |
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development board action under this provision may be consolidated, | ||
at the option of the development board, with related action under | ||
Section 16.053(p). If the development board determines that | ||
resolution of the conflict requires a revision of the approved | ||
management plan, the development board shall provide information to | ||
the groundwater management authority [ |
||
management authority [ |
||
plan based on the information provided by the development board and | ||
shall hold, after notice, at least one public hearing at some | ||
central location within the groundwater management authority | ||
[ |
||
consider all public and development board comments, prepare, | ||
revise, and adopt its management plan, and submit the revised | ||
management plan to the development board for approval. On the | ||
request of the groundwater management authority [ |
||
regional water planning group, the development board shall include | ||
discussion of the conflict and its resolution in the state water | ||
plan that the development board provides to the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives under Section 16.051(e). [ |
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SECTION 163. Section 36.1073, Water Code, is amended to | ||
read as follows: | ||
Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment | ||
to the management plan shall be submitted to the executive | ||
administrator within 60 days following adoption of the amendment by | ||
the groundwater management authority's [ |
||
executive administrator shall review and approve any amendment | ||
which substantially affects the management plan in accordance with | ||
the procedures established under Section 36.1072. | ||
SECTION 164. The heading to Section 36.108, Water Code, is | ||
amended to read as follows: | ||
Sec. 36.108. JOINT PLANNING IN GROUNDWATER MANAGEMENT | ||
AUTHORITY [ |
||
SECTION 165. Sections 36.108(a), (b), (c), (d), (d-1), | ||
(d-2), (d-3), (e), and (e-2), Water Code, are amended to read as | ||
follows: | ||
(a) In this section: | ||
(1) "Development board" means the Texas Water | ||
Development Board. | ||
(2) "District representative" means the presiding | ||
officer or the presiding officer's designee for any district | ||
located wholly or partly in the groundwater management authority's | ||
boundaries [ |
||
(b) If two or more districts are located within the | ||
boundaries of the same groundwater management authority [ |
||
each district shall cooperate with and provide any data requested | ||
by the groundwater management authority, and the authority shall | ||
consider the input and recommendations from each district in | ||
developing its management plan [ |
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(c) The district representatives shall meet at least | ||
annually to conduct joint planning with the groundwater management | ||
authority in which the districts are located [ |
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accomplishments of the groundwater management authority [ |
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and proposals to adopt new or amend existing desired future | ||
conditions. In reviewing the management plans, the districts and | ||
groundwater management authority shall consider: | ||
(1) the goals of the [ |
||
impact on planning throughout the groundwater management authority | ||
[ |
||
(2) the effectiveness of the measures established by | ||
the [ |
||
groundwater and preventing waste, and the effectiveness of these | ||
measures in the groundwater management authority [ |
||
(3) any other matters that the boards of the districts | ||
and the groundwater management authority consider relevant to the | ||
protection and conservation of groundwater and the prevention of | ||
waste in the groundwater management authority area; and | ||
(4) the degree to which each management plan achieves | ||
the desired future conditions established during the joint planning | ||
process. | ||
(d) Not later than May 1, 2021, and every five years | ||
thereafter, the districts and groundwater management authority | ||
shall consider groundwater availability models and other data or | ||
information for the groundwater management authority [ |
||
shall propose for adoption desired future conditions for the | ||
relevant aquifers within the groundwater management authority | ||
[ |
||
the aquifers under Subsection (d-3) [ |
||
management authority [ |
||
(1) aquifer uses or conditions within the groundwater | ||
management authority [ |
||
substantially from one geographic area to another; | ||
(2) the water supply needs and water management | ||
strategies included in the state water plan; | ||
(3) hydrological conditions, including for each | ||
aquifer in the groundwater management authority [ |
||
estimated recoverable storage as provided by the executive | ||
administrator, and the average annual recharge, inflows, and | ||
discharge; | ||
(4) other environmental impacts, including impacts on | ||
spring flow and other interactions between groundwater and surface | ||
water; | ||
(5) the impact on subsidence; | ||
(6) socioeconomic impacts reasonably expected to | ||
occur; | ||
(7) the impact on the interests and rights in private | ||
property, including ownership and the rights of landowners within | ||
the groundwater management authority [ |
||
lessees and assigns in groundwater as recognized under Section | ||
36.002; | ||
(8) the feasibility of achieving the desired future | ||
condition; and | ||
(9) any other information relevant to the specific | ||
desired future conditions. | ||
(d-1) After considering and documenting the factors | ||
described by Subsection (d) and other relevant scientific and | ||
hydrogeological data, the groundwater management authority, with | ||
the input and assistance of the districts, may establish different | ||
desired future conditions for: | ||
(1) each aquifer, subdivision of an aquifer, or | ||
geologic strata located in whole or in part within the boundaries of | ||
the groundwater management authority [ |
||
(2) each geographic area overlying an aquifer in whole | ||
or in part or subdivision of an aquifer within the boundaries of the | ||
groundwater management authority [ |
||
(d-2) The desired future conditions proposed under | ||
Subsection (d) must provide a balance between the highest | ||
practicable level of groundwater production and the conservation, | ||
preservation, protection, recharging, and prevention of waste of | ||
groundwater and control of subsidence in the groundwater management | ||
authority [ |
||
establishment of desired future conditions that provide for the | ||
reasonable long-term management of groundwater resources | ||
consistent with the management goals under Section 36.1071(a). | ||
[ |
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on the day the proposed desired future conditions are adopted by the | ||
groundwater management authority's board of directors [ |
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|
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notice as required by Section 36.063, the groundwater management | ||
authority [ |
||
proposed desired future conditions [ |
||
During the public comment period, the groundwater management | ||
authority [ |
||
the proposed desired future conditions and any supporting | ||
materials, such as the documentation of factors considered under | ||
Subsection (d) and groundwater availability model run results. | ||
After the close of the public comment period, the groundwater | ||
management authority [ |
||
the next groundwater management authority board [ |
||
meeting, and shall provide a copy to each district within its | ||
boundaries, a summary of relevant comments received, any suggested | ||
revisions to the proposed desired future conditions, and the basis | ||
for the revisions. Not later than the 30th day after the date the | ||
groundwater management authority sends the documents described by | ||
this subsection to the districts, the districts shall provide | ||
written comments to the groundwater management authority. | ||
(d-3) After all the districts have submitted their comments | ||
[ |
||
[ |
||
(1) meet [ |
||
any district's suggested revisions to the proposed desired future | ||
conditions, and finally adopt the desired future conditions for the | ||
groundwater management authority; and | ||
(2) [ |
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explanatory report for the groundwater management authority [ |
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and submit to the development board [ |
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report, which [ |
||
(A) [ |
||
condition; | ||
(B) [ |
||
justifications for each desired future condition; | ||
(C) [ |
||
under Subsection (d) were considered by the groundwater management | ||
authority [ |
||
future conditions impact each factor; | ||
(D) [ |
||
options considered, if any, and the reasons why those options were | ||
not adopted; and | ||
(E) [ |
||
made by advisory committees and relevant public comments received | ||
by the groundwater management authority [ |
||
not incorporated into the desired future conditions. | ||
(e) Except as provided by this section, a joint meeting | ||
under this section must be held in accordance with Chapter 551, | ||
Government Code. Each district shall comply with Chapter 552, | ||
Government Code. The district representatives may elect one | ||
district to be responsible for providing the notice of a joint | ||
meeting that this section would otherwise require of each district | ||
in the groundwater management authority [ |
||
meeting must be provided at least 10 days before the date of the | ||
meeting by: | ||
(1) providing notice to the secretary of state; | ||
(2) providing notice to the county clerk of each | ||
county located wholly or partly in a district that is located wholly | ||
or partly in the groundwater management authority [ |
||
(3) posting notice at a place readily accessible to | ||
the public at the district office of each district located wholly or | ||
partly in the groundwater management authority's boundaries, and in | ||
the groundwater management authority office [ |
||
(e-2) Notice of a joint meeting must include: | ||
(1) the date, time, and location of the meeting; | ||
(2) a summary of any action proposed to be taken; | ||
(3) the name of the groundwater management authority | ||
and each district located wholly or partly in the groundwater | ||
management authority [ |
||
(4) the name, telephone number, and address of one or | ||
more persons to whom questions, requests for additional | ||
information, or comments may be submitted. | ||
SECTION 166. Section 36.1081(b), Water Code, is amended to | ||
read as follows: | ||
(b) During the joint planning process under Section 36.108, | ||
the district representatives or groundwater management authority | ||
may appoint and convene nonvoting advisory subcommittees who | ||
represent social, governmental, environmental, or economic | ||
interests to assist in the development of desired future | ||
conditions. | ||
SECTION 167. Sections 36.1083(b), (e), (h), (j), (k), (m), | ||
(n), (o), and (p), Water Code, are amended to read as follows: | ||
(b) Not later than the 120th day after the date on which a | ||
groundwater management authority [ |
||
future condition [ |
||
may file a petition with the groundwater management authority | ||
[ |
||
[ |
||
the reasonableness of the desired future condition. The petition | ||
must provide evidence that the groundwater management authority | ||
[ |
||
of the groundwater resources in the groundwater management | ||
authority's boundaries [ |
||
(e) Not later than the 10th day after receiving a petition | ||
described by Subsection (b), the groundwater management authority | ||
[ |
||
board. On receipt of the petition, the development board shall | ||
conduct: | ||
(1) an administrative review to determine whether the | ||
desired future condition established by the groundwater management | ||
authority [ |
||
(2) a study containing scientific and technical | ||
analysis of the desired future condition, including consideration | ||
of: | ||
(A) the hydrogeology of the aquifer; | ||
(B) the explanatory report provided to the | ||
development board under Section 36.108(d-3); | ||
(C) the factors described under Section | ||
36.108(d); and | ||
(D) any relevant: | ||
(i) groundwater availability models; | ||
(ii) published studies; | ||
(iii) estimates of total recoverable | ||
storage capacity; | ||
(iv) average annual amounts of recharge, | ||
inflows, and discharge of groundwater; or | ||
(v) information provided in the petition or | ||
available to the development board. | ||
(h) Not later than the 60th day after receiving a petition | ||
under Subsection (b), the groundwater management authority | ||
[ |
||
(1) contract with the office to conduct the contested | ||
case hearing requested under Subsection (b); and | ||
(2) submit to the office a copy of any petitions | ||
related to the hearing requested under Subsection (b) and received | ||
by the groundwater management authority [ |
||
(j) During the period between the filing of the petition and | ||
the delivery of the study described by Subsection (e)(2), the | ||
groundwater management authority [ |
||
assistance of the Center for Public Policy Dispute Resolution, the | ||
development board, or another alternative dispute resolution | ||
system to mediate the issues raised in the petition. If the | ||
groundwater management authority [ |
||
cannot resolve the issues raised in the petition, the office will | ||
proceed with a hearing as described by this section. | ||
(k) The groundwater management authority [ |
||
adopt rules for notice and hearings conducted under this section | ||
that are consistent with the procedural rules of the office. In | ||
accordance with rules adopted by the groundwater management | ||
authority [ |
||
authority [ |
||
(1) general notice of the hearing; and | ||
(2) individual notice of the hearing to: | ||
(A) the petitioner; | ||
(B) any person who has requested notice; | ||
(C) each [ |
||
planning group located in the same groundwater management authority | ||
[ |
||
(D) the development board[ |
||
[ |
||
(m) The petitioner shall pay the costs associated with the | ||
contract for the hearing under this section. The petitioner shall | ||
deposit with the groundwater management authority [ |
||
amount sufficient to pay the contract amount before the hearing | ||
begins. After the hearing, the office may assess costs to one or | ||
more of the parties participating in the hearing and the | ||
groundwater management authority [ |
||
excess money to the petitioner. The office shall consider the | ||
following in apportioning costs of the hearing: | ||
(1) the party who requested the hearing; | ||
(2) the party who prevailed in the hearing; | ||
(3) the financial ability of the party to pay the | ||
costs; | ||
(4) the extent to which the party participated in the | ||
hearing; and | ||
(5) any other factor relevant to a just and reasonable | ||
assessment of costs. | ||
(n) On receipt of the administrative law judge's findings of | ||
fact and conclusions of law in a proposal for decision, including a | ||
dismissal of a petition, the groundwater management authority | ||
[ |
||
management authority's [ |
||
matter and the groundwater management authority's [ |
||
findings of fact and conclusions of law. The groundwater | ||
management authority [ |
||
conclusion of law made by the administrative law judge, or may | ||
vacate or modify an order issued by the administrative law judge, as | ||
provided by Section 2001.058(e), Government Code. | ||
(o) If the groundwater management authority [ |
||
vacates or modifies the proposal for decision, the groundwater | ||
management authority [ |
||
detail the groundwater management authority's [ |
||
for disagreement with the administrative law judge's findings of | ||
fact and conclusions of law. The report shall provide the policy, | ||
scientific, and technical justifications for the groundwater | ||
management authority's [ |
||
(p) If the groundwater management authority [ |
||
its final order finds that a desired future condition is | ||
unreasonable, not later than the 60th day after the date of the | ||
final order, the authority [ |
||
|
||
|
||
|
||
follow the procedures in Section 36.108 to adopt new desired future | ||
conditions [ |
||
SECTION 168. Section 36.10835(a), Water Code, is amended to | ||
read as follows: | ||
(a) A final groundwater management authority [ |
||
order issued under Section 36.1083 may be appealed to a district | ||
court with jurisdiction over any part of the territory of the | ||
groundwater management authority [ |
||
An appeal under this subsection must be filed with the district | ||
court not later than the 45th day after the date the groundwater | ||
management authority [ |
||
shall be decided under the substantial evidence standard of review | ||
as provided by Section 2001.174, Government Code. If the court | ||
finds that a desired future condition is unreasonable, the court | ||
shall strike the desired future condition and order the groundwater | ||
management authority's board [ |
||
|
||
than the 60th day after the date of the court order to revise [ |
||
|
||
future condition. [ |
||
|
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|
||
SECTION 169. Section 36.1084, Water Code, is amended to | ||
read as follows: | ||
Sec. 36.1084. MODELED AVAILABLE GROUNDWATER. (a) The | ||
Texas Water Development Board shall require each groundwater | ||
management authority [ |
||
to the executive administrator not later than the 60th day after the | ||
date on which the groundwater management authority [ |
||
adopted desired future conditions under Section 36.108(d-3): | ||
(1) the desired future conditions adopted under | ||
Section 36.108; | ||
(2) proof that notice was posted for the joint | ||
planning meeting; and | ||
(3) the desired future conditions explanatory report. | ||
(b) The executive administrator shall provide each | ||
groundwater management authority, district and regional water | ||
planning group located wholly or partly in the groundwater | ||
management authority territory [ |
||
groundwater in the groundwater management authority [ |
||
upon the desired future conditions adopted by the groundwater | ||
management authority [ |
||
SECTION 170. Section 36.1085, Water Code, is amended to | ||
read as follows: | ||
Sec. 36.1085. MANAGEMENT PLAN GOALS AND OBJECTIVES. Each | ||
groundwater management authority [ |
||
shall ensure that its management plan contains goals and objectives | ||
consistent with achieving the desired future conditions of the | ||
relevant aquifers [ |
||
SECTION 171. Section 36.1086, Water Code, is amended to | ||
read as follows: | ||
Sec. 36.1086. JOINT EFFORTS BY DISTRICTS [ |
||
|
||
authority territory [ |
||
authority territories [ |
||
other or with groundwater management authorities, to conduct | ||
studies or research, or to construct projects, under terms and | ||
conditions that the districts consider beneficial. These joint | ||
efforts may include studies of groundwater availability and | ||
quality, aquifer modeling, and the interaction of groundwater and | ||
surface water; educational programs; the purchase and sharing of | ||
equipment; and the implementation of projects to make groundwater | ||
available, including aquifer recharge, brush control, weather | ||
modification, desalination, regionalization, and treatment or | ||
conveyance facilities. The districts and authorities may contract | ||
under their existing authorizations including those of Chapter 791, | ||
Government Code, if their contracting authority is not limited by | ||
Sections 791.011(c)(2) and (d)(3) and Section 791.014, Government | ||
Code. | ||
SECTION 172. Section 36.109, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.109. COLLECTION OF INFORMATION. A district or | ||
groundwater management authority may collect any information the | ||
entity's board deems necessary, including information regarding | ||
the use of groundwater, water conservation, and the practicability | ||
of recharging a groundwater reservoir. At the request of the | ||
executive administrator, the district or authority shall provide | ||
any data collected by the district or authority in a format | ||
acceptable to the executive administrator. | ||
SECTION 173. Section 36.110, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.110. PUBLICATION OF PLANS AND INFORMATION. A | ||
district or authority may publish its plans and the information it | ||
develops, bring them to the attention of the users of groundwater in | ||
the district or authority, and encourage the users to adopt and use | ||
them. | ||
SECTION 174. Section 36.111, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.111. RECORDS AND REPORTS. (a) The district or | ||
authority may require that records be kept and reports be made of | ||
the drilling, equipping, and completing of water wells and of the | ||
production and use of groundwater. | ||
(b) In implementing Subsection (a), a district or authority | ||
may adopt rules that require an owner or operator of a water well | ||
that is required to be registered with or permitted by the district | ||
or authority, except for the owner or operator of a well that is | ||
exempt from permit requirements under Section 36.117(b)(1), to | ||
report groundwater withdrawals using reasonable and appropriate | ||
reporting methods and frequency. | ||
SECTION 175. Section 36.112, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.112. DRILLERS' LOGS. A district or authority shall | ||
require that accurate drillers' logs be kept of water wells and that | ||
copies of drillers' logs and electric logs be filed with the | ||
district or authority. | ||
SECTION 176. Sections 36.113(c) and (d), Water Code, are | ||
amended to read as follows: | ||
(c) A district may require that only the following be | ||
included in the permit or permit amendment application, as | ||
applicable under the rules of the district: | ||
(1) the name and mailing address of the applicant and | ||
the owner of the land on which the well will be located; | ||
(2) if the applicant is other than the owner of the | ||
property, documentation establishing the applicable authority to | ||
construct and operate a well for the proposed use; | ||
(3) a statement of the nature and purpose of the | ||
proposed use and the amount of water to be used for each purpose; | ||
(4) a water conservation plan or a declaration that | ||
the applicant will comply with the groundwater management | ||
authority's [ |
||
(5) the location of each well and the estimated rate at | ||
which water will be withdrawn; | ||
(6) a water well closure plan or a declaration that the | ||
applicant will comply with well plugging guidelines and report | ||
closure to the commission; | ||
(7) a drought contingency plan; and | ||
(8) other information: | ||
(A) included in a rule of the district in effect | ||
on the date the application is submitted that specifies what | ||
information must be included in an application for a determination | ||
of administrative completeness; and | ||
(B) reasonably related to an issue that a | ||
district by law is authorized to consider. | ||
(d) This subsection does not apply to the renewal of an | ||
operating permit issued under Section 36.1145. Before granting or | ||
denying a permit, or a permit amendment issued in accordance with | ||
Section 36.1146, 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 | ||
groundwater management authority's [ |
||
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) 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 177. Section 36.1131, Water Code, is amended to | ||
read as follows: | ||
Sec. 36.1131. ELEMENTS OF PERMIT. (a) A permit issued by | ||
the district to the applicant under Section 36.113 shall state the | ||
terms and provisions prescribed by the district, which must comply | ||
with the rules and management plan of the groundwater management | ||
authority. | ||
(b) The permit may include: | ||
(1) the name and address of the person to whom the | ||
permit is issued; | ||
(2) the location of the well; | ||
(3) the date the permit is to expire if no well is | ||
drilled; | ||
(4) a statement of the purpose for which the well is to | ||
be used; | ||
(5) a requirement that the water withdrawn under the | ||
permit be put to beneficial use at all times; | ||
(6) the location of the use of the water from the well; | ||
(7) a water well closure plan or a declaration that the | ||
applicant will comply with well plugging guidelines and report | ||
closure to the commission; | ||
(8) the conditions and restrictions, if any, placed on | ||
the rate and amount of withdrawal; | ||
(9) any conservation-oriented methods of drilling and | ||
operating prescribed by the district; | ||
(10) a drought contingency plan prescribed by the | ||
district, which must comply with the groundwater management area's | ||
rules and management plan; and | ||
(11) other terms and conditions as provided by Section | ||
36.113. | ||
SECTION 178. Section 36.1132, Water Code, is amended to | ||
read as follows: | ||
Sec. 36.1132. PERMITS BASED ON MODELED AVAILABLE | ||
GROUNDWATER. (a) A district, to the extent possible, shall issue | ||
permits up to the point that the total volume of exempt and | ||
permitted groundwater production will achieve an applicable | ||
desired future condition under Section 36.108. The groundwater | ||
management authority that includes the territory of the district | ||
shall provide the district with the amount of groundwater | ||
availability and desired future conditions under which the district | ||
may issue permits. | ||
(b) The district shall issue permits based on the features | ||
of the aquifer underlying the applicant's land from which the water | ||
is proposed to be drawn, along with the landowner's contiguous | ||
acreage for the land on which the well would exist in relation to | ||
the area of the aquifer [ |
||
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[ |
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[ |
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[ |
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[ |
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[ |
||
[ |
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||
|
||
SECTION 179. Sections 36.114(a) and (b), Water Code, are | ||
amended to read as follows: | ||
(a) The groundwater management authority [ |
||
shall determine each activity regulated by the groundwater | ||
management authority [ |
||
amendment is required. The district shall accept, process, and | ||
consider permits and permit amendments in accordance with the | ||
groundwater management authority's rules. | ||
(b) For each activity for which the groundwater management | ||
authority [ |
||
required under Subsection (a), and that is not exempt from a hearing | ||
requirement under Section 36.1145, the groundwater management | ||
authority [ |
||
the permit or permit amendment application is required. | ||
SECTION 180. Sections 36.1146(a) and (c), Water Code, are | ||
amended to read as follows: | ||
(a) If the holder of an operating permit, in connection with | ||
the renewal of a permit or otherwise, requests a change that | ||
requires an amendment to the permit under groundwater management | ||
authority [ |
||
permit amendment process remains in effect until the later of: | ||
(1) the conclusion of the permit amendment or renewal | ||
process, as applicable; or | ||
(2) final settlement or adjudication on the matter of | ||
whether the change to the permit requires a permit amendment. | ||
(c) A district may initiate an amendment to an operating | ||
permit, in connection with the renewal of a permit or otherwise, in | ||
accordance with the groundwater management authority's | ||
[ |
||
operating permit, the permit as it existed before the permit | ||
amendment process shall remain in effect until the conclusion of | ||
the permit amendment or renewal process, as applicable. | ||
SECTION 181. Sections 36.116(a), (d), and (e), Water Code, | ||
are amended to read as follows: | ||
(a) In order to minimize as far as practicable the drawdown | ||
of the water table or the reduction of artesian pressure, to control | ||
subsidence, to prevent interference between wells, to prevent | ||
degradation of water quality, or to prevent waste, a groundwater | ||
management authority [ |
||
(1) the spacing of water wells by: | ||
(A) requiring all water wells to be spaced | ||
a certain distance from property lines or adjoining wells; | ||
(B) requiring wells with a certain production | ||
capacity, pump size, or other characteristic related to the | ||
construction or operation of and production from a well to be spaced | ||
a certain distance from property lines or adjoining wells; or | ||
(C) imposing spacing requirements adopted by the | ||
board of the groundwater management authority; and | ||
(2) the production of groundwater by: | ||
(A) setting production limits on wells; | ||
(B) limiting the amount of water produced based | ||
on acreage or tract size; | ||
(C) limiting the amount of water that may be | ||
produced from a defined number of acres assigned to an authorized | ||
well site; | ||
(D) limiting the maximum amount of water that may | ||
be produced on the basis of acre-feet per acre or gallons per minute | ||
per well site per acre; | ||
(E) managed depletion; or | ||
(F) any combination of the methods listed above | ||
in Paragraphs (A) through (E). | ||
(d) For better management of the groundwater resources | ||
located in a groundwater management authority [ |
||
groundwater management authority [ |
||
conditions in or use of an aquifer differ substantially from one | ||
geographic area of the district to another, the groundwater | ||
management authority [ |
||
(1) each aquifer, subdivision of an aquifer, or | ||
geologic strata located in whole or in part within the boundaries of | ||
the groundwater management authority [ |
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(2) each geographic area overlying an aquifer or | ||
subdivision of an aquifer located in whole or in part within the | ||
boundaries of the groundwater management authority [ |
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(e) In regulating the production of groundwater under | ||
Subsection (a)(2), a groundwater management authority [ |
||
(1) shall select a method that is appropriate based on | ||
the hydrogeological conditions of the aquifer or aquifers in the | ||
groundwater management authority [ |
||
(2) may limit the amount of water produced based on | ||
contiguous surface acreage. | ||
SECTION 182. Sections 36.117(a), (b), (c), (d), (f), (g), | ||
and (h), Water Code, are amended to read as follows: | ||
(a) A groundwater management authority [ |
||
may provide an exemption from the groundwater management | ||
authority's [ |
||
by this chapter or the groundwater management authority's | ||
[ |
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(b) Except as provided by this section, a groundwater | ||
management authority [ |
||
[ |
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(1) drilling or operating a well used solely for | ||
domestic use or for providing water for livestock or poultry if the | ||
well is: | ||
(A) located or to be located on a tract of land | ||
larger than 10 acres; and | ||
(B) drilled, completed, or equipped so that it is | ||
incapable of producing more than 25,000 gallons of groundwater a | ||
day; | ||
(2) drilling a water well used 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 provided that the person holding the permit is | ||
responsible for drilling and operating the water well and the water | ||
well is located on the same lease or field associated with the | ||
drilling rig; or | ||
(3) drilling a water well authorized under a permit | ||
issued by the Railroad Commission of Texas under Chapter 134, | ||
Natural Resources Code, or for production from the well to the | ||
extent the withdrawals are required for mining activities | ||
regardless of any subsequent use of the water. | ||
(c) A groundwater management authority [ |
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restrict the production of water from any well described by | ||
Subsection (b)(1). | ||
(d) A groundwater management authority [ |
||
cancel a previously granted exemption and may require an operating | ||
permit for or restrict production from a well and assess any | ||
appropriate fees if: | ||
(1) the groundwater withdrawals that were exempted | ||
under Subsection (b)(1) are no longer used solely for domestic use | ||
or to provide water for livestock or poultry; | ||
(2) the groundwater withdrawals that were exempted | ||
under Subsection (b)(2) are no longer used 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) the groundwater withdrawals that were 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. | ||
(f) A groundwater management authority [ |
||
require compliance with the groundwater management authority's | ||
[ |
||
a well exempted under Subsection (b)(3). | ||
(g) A groundwater management authority [ |
||
deny an application for a permit to drill and produce water for | ||
hydrocarbon production activities if the application meets all | ||
applicable rules as promulgated by the groundwater management | ||
authority [ |
||
(h) A groundwater management authority [ |
||
require the owner of a water well to: | ||
(1) register the well in accordance with rules | ||
promulgated by the groundwater management authority [ |
||
and | ||
(2) equip and maintain the well to conform to the | ||
[ |
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requiring installation of casing, pipe, and fittings to prevent the | ||
escape of groundwater from a groundwater reservoir to any reservoir | ||
not containing groundwater and to prevent the pollution or harmful | ||
alteration of the character of the water in any groundwater | ||
reservoir. | ||
SECTION 183. Sections 36.119(a), (b), and (g), Water Code, | ||
are amended to read as follows: | ||
(a) Drilling or operating a well or wells without a required | ||
permit or producing groundwater in violation of a groundwater | ||
management authority [ |
||
36.116(a)(2) is declared to be illegal, wasteful per se, and a | ||
nuisance. | ||
(b) Except as provided by this section, a landowner or other | ||
person who has a right to produce groundwater from land that is | ||
adjacent to the land on which a well or wells are drilled or | ||
operated without a required permit or permits or from which | ||
groundwater is produced in violation of a groundwater management | ||
authority [ |
||
who owns or otherwise has a right to produce groundwater from land | ||
that lies within one-half mile of the well or wells, may sue the | ||
owner of the well or wells in a court of competent jurisdiction to | ||
restrain or enjoin the illegal drilling, operation, or both. The | ||
suit may be brought with or without the joinder of the district in | ||
which the well or wells are located. | ||
(g) Before filing a suit under Subsection (b) or (c), an | ||
aggrieved party must file a written complaint with the district | ||
having jurisdiction over the well or wells drilled or operated | ||
without a required permit or in violation of a groundwater | ||
management authority [ |
||
investigate the complaint and, after notice and hearing and not | ||
later than the 90th day after the date the written complaint was | ||
received by the district, the district shall determine, based on | ||
the evidence presented at the hearing, whether a groundwater | ||
management authority [ |
||
aggrieved party may only file a suit under this section on or after | ||
the 91st day after the date the written complaint was received by | ||
the district. | ||
SECTION 184. Section 36.120, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.120. INFORMATION. On request of the executive | ||
director or the executive administrator, the district and | ||
groundwater management authority shall make available information | ||
acquired [ |
||
within its jurisdiction, and shall make that information available | ||
to each other. The district and groundwater management authority | ||
shall also provide information to the commission and Texas Water | ||
Development Board concerning its plans and activities in conserving | ||
and protecting groundwater resources. On request of a district or | ||
groundwater management authority, the executive director and the | ||
executive administrator shall provide information they acquire | ||
concerning the groundwater resources within the district's or | ||
authority's jurisdiction. | ||
SECTION 185. Section 36.121, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS | ||
AND AUTHORITIES OVER WELLS IN CERTAIN COUNTIES. Except as provided | ||
by Section 36.117, a district that is created under this chapter on | ||
or after September 1, 1991, or a groundwater management authority, | ||
shall exempt from regulation under this chapter a well and any water | ||
produced or to be produced by a well that is located in a county that | ||
has a population of 14,000 or less if the water is to be used solely | ||
to supply a municipality that has a population of 121,000 or less | ||
and the rights to the water produced from the well are owned by a | ||
political subdivision that is not a municipality, or by a | ||
municipality that has a population of 115,000 or less, and that | ||
purchased, owned, or held rights to the water before the date on | ||
which the district was created, regardless of the date the well is | ||
drilled or the water is produced. The district or groundwater | ||
management authority may not prohibit the political subdivision or | ||
municipality from transporting produced water inside or outside the | ||
district's or authority's boundaries. | ||
SECTION 186. Sections 36.122(a), (c), (d), (f), and (g), | ||
Water Code, are amended to read as follows: | ||
(a) If an application for a permit or an amendment to a | ||
permit under Section 36.113 proposes the transfer of groundwater | ||
outside of a district's boundaries or to any person other than the | ||
owner of the land on which the well is located regardless of whether | ||
the transfer is inside or outside of the district, the district may | ||
add conditions to the permit in accordance with this section [ |
||
|
||
|
||
(c) The [ |
||
district may not impose more restrictive permit conditions on | ||
transporters than the district imposes on existing in-district | ||
users. | ||
(d) The district may impose a reasonable fee for processing | ||
an application under this section. The fee may not exceed fees that | ||
the district imposes for processing other applications under | ||
Section 36.113. [ |
||
|
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|
||
|
||
|
||
(f) A district may grant a portion of its fee revenue to a | ||
county located within the district for use in public capital | ||
improvements relating to water development, including necessary | ||
road improvements related to the water development activity [ |
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
|
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(g) The district may not deny a permit based on the fact that | ||
the applicant seeks to transfer groundwater outside of the district | ||
[ |
||
|
||
SECTION 187. Section 36.123, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.123. RIGHT TO ENTER LAND. (a) The directors, | ||
engineers, attorneys, agents, operators, and employees of a | ||
district, groundwater management authority, or water supply | ||
corporation may go on any land to inspect, make surveys, or perform | ||
tests to determine the condition, value, and usability of the | ||
property, with reference to the proposed location of works, | ||
improvements, plants, facilities, equipment, or appliances. The | ||
cost of restoration shall be borne by the district, authority, or | ||
[ |
||
(b) District and groundwater management authority employees | ||
and agents are entitled to enter any public or private property | ||
within the boundaries of the district or adjacent to any reservoir | ||
or other property owned by the district or authority at any | ||
reasonable time for the purpose of inspecting and investigating | ||
conditions relating to the quality of water in the state or the | ||
compliance with any rule, regulation, permit, or other order of the | ||
district or authority. District or groundwater management | ||
authority employees or agents acting under this authority who enter | ||
private property shall observe the establishment's rules and | ||
regulations concerning safety, internal security, and fire | ||
protection and shall notify any occupant or management of their | ||
presence and shall exhibit proper credentials. | ||
SECTION 188. Section 36.124(a), Water Code, is amended to | ||
read as follows: | ||
(a) A governmental act or proceeding of a district or | ||
groundwater management authority is conclusively presumed, as of | ||
the date it occurred, valid and to have occurred in accordance with | ||
all applicable statutes and rules if: | ||
(1) the third anniversary of the effective date of the | ||
act or proceeding has expired; and | ||
(2) a lawsuit to annul or invalidate the act or | ||
proceeding has not been filed on or before that third anniversary. | ||
SECTION 189. Section 36.158, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.158. GRANTS. A district or groundwater management | ||
authority may make or accept grants, gratuities, advances, or loans | ||
in any form to or from any source approved by its [ |
||
including any governmental entity, and may enter into contracts, | ||
agreements, and covenants in connection with grants, gratuities, | ||
advances, or loans that the board considers appropriate. | ||
SECTION 190. Section 36.159, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.159. GROUNDWATER [ |
||
MANAGEMENT PLAN FUNDS. The Texas Water Development Board may | ||
allocate funds from the water assistance fund to a district or | ||
groundwater management authority to: | ||
(1) conduct initial data collections under this | ||
chapter; | ||
(2) develop and implement a long-term management plan | ||
under Section 36.1071; and | ||
(3) participate in regional water plans. | ||
SECTION 191. Section 36.160, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.160. FUNDS. The Texas Water Development Board, the | ||
commission, the Parks and Wildlife Department, the Texas | ||
Agricultural Extension Service, and institutions of higher | ||
education may allocate funds to carry out the objectives of this | ||
chapter and Chapter 35, which include but are not limited to: | ||
(1) conducting initial and subsequent studies and | ||
surveys under Sections 36.106, 36.107, and 36.109; | ||
(2) providing appropriate education in affected areas | ||
identified in Section 35.007 relating to the problems and issues | ||
concerning water management that may arise; | ||
(3) processing priority groundwater management area | ||
evaluations under this chapter and Chapter 35; | ||
(4) providing technical and administrative assistance | ||
to newly created districts under this chapter and Chapter 35; | ||
(5) covering the costs of newspaper notices required | ||
under Sections 35.009 and 36.014 and failed elections in accordance | ||
with Sections 35.014(c), 36.017(h), and 36.019; and | ||
(6) providing for assistance from the Parks and | ||
Wildlife Department to the Texas Water Development Board, a | ||
groundwater management authority, or a district for the purpose of | ||
assessing fish and wildlife resource habitat needs as they may | ||
apply to overall management plan goals and objectives of the | ||
district. | ||
SECTION 192. Section 36.161(a), Water Code, is amended to | ||
read as follows: | ||
(a) The Texas Water Development Board may provide funds | ||
under Sections 36.159 and 36.160, Chapters 15, 16, and 17, and | ||
Subchapter L of this chapter to a district or groundwater | ||
management authority if the Texas Water Development Board | ||
determines that such funding will allow the district or authority | ||
to comply or continue to comply with provisions of this chapter. | ||
SECTION 193. Section 36.207, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.207. USE OF FEES. A district may use funds obtained | ||
from administrative, production, or export fees collected under a | ||
special law governing the district or this chapter for any purpose | ||
consistent with the district's public purposes [ |
||
|
||
loans, or contractual payments to achieve, facilitate, or expedite | ||
reductions in groundwater pumping or the development or | ||
distribution of alternative water supplies. | ||
SECTION 194. Section 36.251(b), Water Code, is amended to | ||
read as follows: | ||
(b) Only the district, the groundwater management authority | ||
in which the district exists, the applicant, and parties to a | ||
contested case hearing may participate in an appeal of a decision on | ||
the application that was the subject of that contested case | ||
hearing. An appeal of a decision on a permit application must | ||
include the applicant as a necessary party. | ||
SECTION 195. Subchapter B, Chapter 36, Water Code, is | ||
amended by adding Section 36.022 to read as follows: | ||
Sec. 36.022. NONDISCRIMINATION IN PERMITTING DECISIONS. | ||
Notwithstanding any provision in a special law governing a | ||
district, a district may not: | ||
(1) discriminate in any permitting decision, rule, or | ||
other action using historic or existing use as a criteria; or | ||
(2) prevent or limit exportation of water from the | ||
district. | ||
SECTION 196. Section 49.3189, Water Code, is amended to | ||
read as follows: | ||
Sec. 49.3189. CONVERSION OF WATER RIGHTS. After a district | ||
excludes land from the district's territory under this subchapter, | ||
the municipality or other municipal supplier that proposes to serve | ||
the land with a potable water supply may petition the district to | ||
convert the proportionate water rights previously allocated for the | ||
land from irrigation use rights to municipal use rights for the use | ||
and benefit of the municipality or other municipal supplier. The | ||
district shall compute the proportionate water rights available and | ||
shall initiate administrative proceedings to convert the | ||
irrigation use rights to municipal use rights. Before the district | ||
is obligated to initiate the administrative proceedings, the | ||
municipality or other municipal supplier must deposit with the | ||
district the amount that the district estimates the district will | ||
incur as reasonable expenses and attorney's fees in those | ||
proceedings. On approval of the conversion by the Texas Water | ||
Development Board [ |
||
water to the municipality or other municipal supplier in the manner | ||
those entities may agree to under this code. | ||
SECTION 197. Section 49.503(b), Water Code, is amended to | ||
read as follows: | ||
(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 Texas Water Development Board | ||
[ |
||
supplier. | ||
SECTION 198. Sections 49.506(a) and (b), Water Code, are | ||
amended to read as follows: | ||
(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 Texas Water Development Board | ||
[ |
||
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 Texas Water Development Board [ |
||
approves the amendment to the district's water rights; or | ||
(2) the water is otherwise provided to the municipal | ||
water supplier. | ||
SECTION 199. Section 49.509(a), Water Code, is amended to | ||
read as follows: | ||
(a) Subject to Subsection (d), 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 | ||
Texas Water Development Board [ |
||
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. | ||
SECTION 200. Section 51.852, Water Code, is amended to read | ||
as follows: | ||
Sec. 51.852. COOPERATION WITH TEXAS WATER DEVELOPMENT | ||
BOARD, AUTHORITY, CORPS OF ENGINEERS, AND OTHER OWNERS. The | ||
commission, in conjunction with the Texas Water Development Board, | ||
the authority, the United States Army Corps of Engineers, and other | ||
reservoir owners in the Trinity River basin, shall develop and | ||
implement a coordinated basinwide water release program for flood | ||
routing and control. | ||
SECTION 201. Section 51.853, Water Code, is amended to read | ||
as follows: | ||
Sec. 51.853. COOPERATION WITH TEXAS WATER DEVELOPMENT | ||
BOARD, AUTHORITY, AND OWNERS. The commission, in conjunction with | ||
the Texas Water Development Board, the authority, and all reservoir | ||
owners in the Trinity River basin, may review, at least every 10 | ||
years, all water rights permits affecting the basin. | ||
SECTION 202. Section 51.854, Water Code, is amended to read | ||
as follows: | ||
Sec. 51.854. FLOOD WARNING SYSTEM. The commission, the | ||
Texas Water Development Board, and the authority, in conjunction | ||
with affected political subdivisions, shall develop a basinwide | ||
flood warning system to alert the public and local officials of | ||
imminent flooding in order to effectuate orderly withdrawal from | ||
floodplains and to institute other appropriate precautions. | ||
SECTION 203. Sections 55.193(a), (b), and (d), Water Code, | ||
are amended to read as follows: | ||
(a) Any district which has a permit issued by the Texas | ||
Water Development Board [ |
||
to appropriate water from a stream or watershed for irrigation or | ||
other purposes may convey to another district an interest in the | ||
reservoir or water rights. | ||
(b) The conveyance shall be recorded in the office of the | ||
county clerk of the county in which the property is located and in | ||
the office of the executive administrator of the Texas Water | ||
Development Board [ |
||
(d) After the conveyance is filed in the office of the | ||
executive administrator of the Texas Water Development Board | ||
[ |
||
conveyance was made as if the rights were granted directly by the | ||
Texas Water Development Board [ |
||
SECTION 204. Section 55.198, Water Code, is amended to read | ||
as follows: | ||
Sec. 55.198. PUMPING AND DELIVERING WATER TO LAND NEAR | ||
DISTRICT. The district may enter into a contract with a person who | ||
owns or uses land in the vicinity of the district and who has a | ||
permit from the Texas Water Development Board [ |
||
appropriate water for use in irrigation or for domestic or | ||
commercial uses to pump or deliver the water to the person's land. | ||
SECTION 205. Section 58.180, Water Code, is amended to read | ||
as follows: | ||
Sec. 58.180. AMENDMENTS TO WATER RIGHTS. The board may | ||
apply to the Texas Water Development Board [ |
||
its water rights as provided by Section 11.122 [ |
||
the rules of the Texas Water Development Board [ |
||
SECTION 206. Section 580.001, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 580.001. WATER CONTRACTS IN BORDER MUNICIPALITIES AND | ||
COUNTIES. The governing body of a municipality or county that has a | ||
boundary that is contiguous with the border between this state and | ||
the Republic of Mexico may contract for the acquisition of water or | ||
water rights with a border municipality or state in the Republic of | ||
Mexico if the contract is approved and monitored by the Texas Water | ||
Development Board [ |
||
the International Boundary and Water Commission, United States and | ||
Mexico. | ||
SECTION 207. Section 111.0192(a), Natural Resources Code, | ||
is amended to read as follows: | ||
(a) The right of eminent domain granted under this chapter | ||
to any pipelines transporting coal in whatever form shall not | ||
include and cannot be used to condemn water or water rights for use | ||
in the transportation of coal by pipeline, and no Texas water from | ||
any source shall be used in connection with the transportation, | ||
maintenance, or operation of a coal slurry pipeline (except water | ||
used for drinking, toilet, bath, or other personal uses at pumping | ||
stations or offices) within the State of Texas unless the Texas | ||
Water Development Board [ |
||
shall determine, after public hearing, that the use will not be | ||
detrimental to the water supply of the area from which the water is | ||
sought to be extracted. | ||
SECTION 208. Section 111.305, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 111.305. OTHER AGENCIES. (a) The commission shall | ||
seek and act on the recommendations of the Texas [ |
||
|
||
Energy Advisory Council, or their successors responsible for | ||
environmental determinations and shall specify the proper use and | ||
disposal of nondischargeable water. | ||
(b) Neither the authority conveyed to the commission by this | ||
subchapter to issue certificates and to promulgate rules governing | ||
pipelines transporting coal in whatever form nor the powers and | ||
duties conveyed on those pipelines by this chapter shall affect, | ||
diminish, or otherwise limit the jurisdiction and authority of the | ||
Texas Water Development Board and the Texas [ |
||
|
||
applicable rules the acquisition, use, control, disposition, and | ||
discharge of water or water rights in Texas. | ||
SECTION 209. Section 22.022(b), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(b) Improvements may include the construction of dams to | ||
impound water to form a lake or lakes for recreational and other | ||
conservation purposes within the park. Before constructing any dam | ||
or lake, the commission must obtain permits required by law from the | ||
Texas Water Development Board [ |
||
SECTION 210. Section 22.072, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 22.072. PERMIT FOR DAM. A dam may not be constructed | ||
until a permit has been obtained from the Texas Water Development | ||
Board [ |
||
SECTION 211. Section 8104.206, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8104.206. ACQUISITION OF WATER RIGHTS NOT PREVENTED. | ||
This chapter does not prevent the authority from acquiring water | ||
rights under any law or permit if the acquisition is approved by | ||
order or later permit from the Texas Water Development Board | ||
[ |
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SECTION 212. The following provisions of the Water Code are | ||
repealed: | ||
(1) Section 5.506; | ||
(2) Sections 5.701(c), (h), (i), (j), (k), (l), (m), | ||
and (o); | ||
(3) Section 11.030; | ||
(4) Sections 11.085(t) and (u); | ||
(5) Sections 11.202(d) and (e); | ||
(6) Section 11.301; | ||
(7) Section 11.302; | ||
(8) Section 11.303; | ||
(9) Section 11.304; | ||
(10) Section 11.305; | ||
(11) Section 11.306; | ||
(12) Section 11.307; | ||
(13) Section 11.308; | ||
(14) Section 11.309; | ||
(15) Section 11.310; | ||
(16) Section 11.311; | ||
(17) Section 11.312; | ||
(18) Section 11.313; | ||
(19) Section 11.314; | ||
(20) Section 11.315; | ||
(21) Section 11.316; | ||
(22) Section 11.317; | ||
(23) Section 11.318; | ||
(24) Section 11.319; | ||
(25) Section 11.320; | ||
(26) Section 11.321; | ||
(27) Section 11.322; | ||
(28) Section 11.323; | ||
(29) Section 11.324; | ||
(30) Section 11.3271(j), as added by Chapter 281 (H.B. | ||
2250), Acts of the 78th Legislature, Regular Session, 2003; | ||
(31) Section 11.551(2); | ||
(32) Section 16.012(f); | ||
(33) Section 35.004; | ||
(34) Section 36.001(13); | ||
(35) Section 36.014(b); | ||
(36) Section 36.108(d-4); | ||
(37) Sections 36.1083(q) and (r); | ||
(38) Section 36.113(e); | ||
(39) Section 36.116(b); | ||
(40) Sections 36.122(b), (h), (i), (j), (k), (m), (n), | ||
(o), and (p); | ||
(41) Section 36.301; | ||
(42) Section 36.3011; | ||
(43) Sections 36.302(c), (d), and (f); and | ||
(44) Section 55.001(4). | ||
SECTION 213. (a) In this section: | ||
(1) "Board" means the Texas Water Development Board. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(b) Not later than September 1, 2020, the board and the | ||
commission shall enter into a memorandum of understanding relating | ||
to the transfer of the administration of surface water rights | ||
permitting from the commission to the board. The memorandum of | ||
understanding must include a timetable and specific steps and | ||
methods for the transfer on January 1, 2021, of all powers, duties, | ||
obligations, rights, contracts, leases, records, assets, real or | ||
personal property, personnel, and unspent and unobligated | ||
appropriations and other funds that relate primarily to the | ||
administration of surface water rights permitting from the | ||
commission to the board. | ||
(c) On January 1, 2021: | ||
(1) all powers, duties, obligations, rights, | ||
contracts, leases, records, assets, real or personal property, | ||
personnel, and unspent and unobligated appropriations and other | ||
funds of the commission that relate primarily to the administration | ||
of surface water rights permitting are transferred to the board; | ||
(2) all rules, policies, forms, procedures, and | ||
decisions of the commission that relate primarily to the | ||
administration of surface water rights permitting are continued in | ||
effect as rules, policies, forms, procedures, and decisions of the | ||
board, until superseded by a rule or other appropriate action of the | ||
board; and | ||
(3) any investigation, complaint, action, contested | ||
case, or other proceeding involving the commission that relates | ||
primarily to the administration of surface water rights permitting | ||
is transferred without change in status to the board, and the board | ||
assumes, without a change in status, the position of the commission | ||
in any investigation, complaint, action, contested case, or other | ||
proceeding that relates primarily to the administration of surface | ||
water rights permitting involving the commission. | ||
(d) The transfer of the powers and duties of the commission | ||
that relate primarily to the administration of surface water rights | ||
permitting to the board does not affect the validity of a right, | ||
privilege, or obligation accrued, a permit or license issued, a | ||
penalty, forfeiture, or punishment assessed, a rule adopted, a | ||
proceeding, investigation, or remedy begun, a decision made, or | ||
other action taken by or in connection with the commission. | ||
SECTION 214. Nothing in this Act shall be construed to | ||
affect any existing surface water right, certificate of | ||
adjudication, certified filing, or other surface water quantity | ||
permit, or surface water priority. | ||
SECTION 215. A water contract entered into before the | ||
effective date of this Act under which groundwater is exported from | ||
a groundwater conservation district to another geographic area has | ||
a five-year exemption from a reduction in exports by a limitation | ||
imposed from a groundwater management authority, unless water | ||
availability is threatened or impaired for another well located | ||
within one mile from the well that is producing exported water. | ||
SECTION 216. (a) A fee established by Section 12.115, Water | ||
Code, as added by this Act, is due on October 1, 2022, for water | ||
sales occurring between September 1, 2021, and August 31, 2022. | ||
(b) Not later than January 1, 2021, the Texas Water | ||
Development Board shall designate groundwater management | ||
authorities as required by Section 35.052, Water Code, as added by | ||
this Act. | ||
SECTION 217. To the extent of any conflict, this Act | ||
prevails over another Act of the 86th Legislature, Regular Session, | ||
2019, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 218. This Act takes effect September 1, 2019. |