WATER CODE
CHAPTER 16. PROVISIONS GENERALLY APPLICABLE TO WATER DEVELOPMENT
SUBCHAPTER A. GENERAL PROVISIONS
§ 16.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Water Development Board.
(2) "Commission" means the Texas Natural Resource
Conservation Commission.
(3) "Chairman" means the chairman of the Texas Water
Development Board.
(4) "Executive director" means the executive director
of the Texas Natural Resource Conservation Commission.
(5) "Executive administrator" means the executive
administrator of the Texas Water Development Board.
(6) "Development fund manager" means the development
fund manager of the Texas Water Development Board.
(7) "Political subdivision" means a county, city, or
other body politic or corporate of the state, including any
district or authority created under Article III, Section 52 or
Article XVI, Section 59 of the Texas Constitution and including any
interstate compact commission to which the state is a party and any
nonprofit water supply corporation created and operating under
Chapter 67.
(8) "Bonds" means all Texas Water Development Bonds
now or hereafter authorized by the Texas Constitution.
(9) "Waste" has the same meaning as provided in
Section 26.001 of this code.
(10) "Water development bonds" means the Texas Water
Development Bonds authorized by Article III, Sections 49-c and
49-d, of the Texas Constitution and bonds dedicated to use for the
purposes of those sections under Article III, Sections 49-d-2,
49-d-6, and 49-d-7, of the Texas Constitution.
(11) "State facility" means a project in which the
board has acquired an ownership interest.
(12) "Acquisition of a state facility" means the act
or series of actions by the board in making payment for a state
facility.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 133, § 2.08, 2.14; Acts
1985, 69th Leg., ch. 795, § 1.044, eff. Sept. 1, 1985; Acts
1985, 69th Leg., ch. 821, § 2, eff. Sept. 1, 1985; Acts 1987,
70th Leg., ch. 7, § 3(1), eff. March 24, 1987; Acts 1987, 70th
Leg., ch. 1103, § 9, eff. Sept. 1, 1987; Acts 1987, 70th Leg.,
2nd C.S., ch. 66, § 1; Acts 1989, 71st Leg., ch. 1062, § 1;
Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.064, eff. Aug. 12,
1991; Acts 1999, 76th Leg., ch. 62, § 18.58, eff. Sept. 1, 1999.
§ 16.002. OPEN MEETINGS AND OPEN RECORDS
LAWS. Nonprofit water supply corporations which receive any
assistance under this chapter are subject to Chapter 551,
Government Code, and to Chapter 552, Government Code.
Added by Acts 1985, 69th Leg., ch. 133, § 2.19. Amended by Acts
1995, 74th Leg., ch. 76, § 5.95(78), (90), eff. Sept. 1, 1995.
SUBCHAPTER B. DUTIES OF THE EXECUTIVE ADMINISTRATOR
§ 16.011. GENERAL RESPONSIBILITIES OF THE EXECUTIVE
ADMINISTRATOR. The executive administrator shall determine the
responsibilities of each administrative division of the board and
its staff in carrying out the authority, duties, and functions
provided in this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.012. STUDIES, INVESTIGATIONS, SURVEYS. (a) The
executive administrator shall make studies, investigations, and
surveys of the occurrence, quantity, quality, and availability of
the surface water and groundwater of this state and shall, in
cooperation with other entities of the state, guide the development
of a statewide water resource data collection and dissemination
network. For these purposes the executive administrator shall
collect, receive, analyze, process, and facilitate access to basic
data and summary information concerning water resources of the
state and provide guidance regarding data formats and descriptions
required to access and understand Texas water resource data.
(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; and
(10) make basic data and summary information developed
under this subsection accessible to state agencies and other
interested persons.
(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. 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).
(d) All entities of the state, including institutions of
higher education, that collect or use water data or information
shall cooperate with the board in the development of a coordinated,
efficient, and effective statewide water resource data collection
and dissemination network.
(e) The executive administrator shall keep full and proper
records of his work, observations, data, and calculations, all of
which are the property of the state.
(f) In performing his duties under this section, the
executive administrator shall assist the commission in carrying out
the purposes and policies stated in Section 12.014 of this code.
(g) No later than December 31, 1999, the commission shall
obtain or develop an updated water availability model for six river
basins as determined by the commission. The commission shall
obtain or develop an updated water availability model for all
remaining river basins no later than December 31, 2001.
(h) Not later than December 31, 2003, the commission shall
obtain or develop an updated water supply model for the Rio Grande.
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 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 commission may
collect data from all jurisdictions that 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 commission shall provide to all 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.
(j) Within 90 days of completing a water availability model
for a river basin, the commission shall provide to each regional
water planning group created under Section 16.053 of this code in
that river basin the projected amount of water that would be
available if cancellation procedures were instigated under the
provisions of Subchapter E, Chapter 11, of this code.
(k) Within 90 days of completing a water availability model
for a river basin, the commission, in coordination with the Parks
and Wildlife Department and with input from the Department of
Agriculture, 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
commission shall provide the projections to the board and each
regional water planning group created under Section 16.053 of this
code in that river basin.
(l) The executive administrator shall obtain or develop
groundwater availability models for major and minor aquifers in
coordination with groundwater conservation districts and regional
water planning groups created under Section 16.053 that overlie the
aquifers. Modeling of major aquifers shall be completed not later
than October 1, 2004. On completing a groundwater availability
model for an aquifer, the executive administrator shall provide the
model to each 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 commission under Chapter 11. A person who 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.
(n) Information collected through field investigations on a
landowner's property by the executive administrator after
September 1, 2003, solely for use in the development of groundwater
availability models under Subsection (l) of this section that
reveals site-specific information about such landowner is not
subject to Chapter 552, Government Code, and may not be disclosed to
any person outside the board if the landowner on whose land the
information is collected has requested in writing that such
information be deemed confidential. If a landowner requests that
his or her information not be disclosed, the executive
administrator may release information regarding groundwater
information only if the information is summarized in a manner that
prevents the identification of an individual or specific parcel of
land and the landowner. This subsection does not apply to a parcel
of land that is publicly owned.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1010, § 7.01, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 456, § 3, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 518, § 1, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 979, § 3, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 1222, § 1, eff. June 18, 1999; Acts 2001,
77th Leg., ch. 966, § 2.15, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 1057, § 3, 4, eff. June 20, 2003.
§ 16.0121. WATER AUDITS. (a) In this section, "retail
public utility" has the meaning assigned by Section 13.002.
(b) Every five years, a retail public utility providing
potable water shall perform and file with the board a water audit
computing the utility's most recent annual system water loss.
(c) The board shall develop appropriate methodologies and
submission dates for a water audit required under Subsection (b)
for the following categories of retail public utilities:
(1) retail public utilities serving populations of
100,000 or more;
(2) retail public utilities serving populations of
50,000 or more but less than 100,000;
(3) retail public utilities serving populations of
more than 3,300 but less than 50,000; and
(4) retail public utilities serving populations of
3,300 or less.
(d) In developing the methodologies required by Subsection
(c), the board shall ensure that each methodology:
(1) is financially feasible for the category of retail
public utility for which it is developed; and
(2) considers differences in population density,
source of water supply, the mean income of the service population,
and other factors determined by the board.
(e) The methodologies required by Subsection (c) shall
account for various components of system water loss, including loss
from distribution lines, inaccuracies in meters or accounting
practices, and theft.
(f) The board shall compile the information included in the
water audits required by Subsection (b) according to category of
retail public utility and according to regional water planning
area. The regional planning group for a regional planning area
shall use the information to identify appropriate water management
strategies in the development of a regional water plan under
Section 16.053.
Added by Acts 2003, 78th Leg., ch. 744, § 1, eff. Sept. 1, 2003.
§ 16.013. ENGINEERING, HYDROLOGIC, AND GEOLOGIC
FUNCTIONS. The executive administrator shall advise and assist
the board and the commission with regard to engineering,
hydrologic, and geologic matters concerning the water resources of
the state. The executive administrator shall evaluate, prepare,
and publish engineering, hydrologic, and geologic data,
information, and reports relating to the water resources of the
state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.014. SILT LOAD OF STREAMS, ETC. The executive
administrator shall determine the silt load of streams, make
investigations and studies of the duty of water, and make surveys to
determine the water needs of the distinct regional divisions of the
watershed areas of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.015. STUDIES OF UNDERGROUND WATER SUPPLY. The
executive administrator may make studies and investigations of the
physical characteristics of water-bearing formations and of the
sources, occurrence, quantity, and quality of the underground water
supply of the state and may study and investigate feasible methods
to conserve, preserve, improve, and supplement this supply. The
work shall first be undertaken in areas where, in the judgment of
the board, the greatest need exists, and in determining the need,
the board shall consider all beneficial uses essential to the
general welfare of the state. Water-bearing formations may be
explored by coring or other mechanical or electrical means when the
area to be investigated has more than a local influence on water
resources.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.016. POLLUTION OF RED RIVER TRIBUTARIES. Within
the limits of available money and facilities, the executive
administrator shall study salt springs, gypsum beds, and other
sources of natural pollution of the tributaries of the Red River and
shall study means of eliminating this natural pollution and
preventing it from reaching the Red River.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.017. TOPOGRAPHIC AND GEOLOGIC MAPPING. The
executive administrator shall carry out the program for topographic
and geologic mapping of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.018. SOIL RESOURCE PLANNING. The executive
administrator may contract with the State Soil Conservation Board
for joint investigation and research in the field of soil resource
planning. The State Soil Conservation Board may appoint a
representative to advise and work with the executive administrator.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.019. COOPERATIVE AGREEMENTS. With the approval of
the board, the executive administrator may negotiate and execute
contracts with persons or with federal, state, or local agencies
for joint or cooperative studies and investigations of the
occurrence, quantity, and quality of the surface water and
groundwater of the state; the topographical mapping of the state;
and the collection, processing, and analysis of other basic data
relating to the development of the water resources of the state and
for the administration and performance of these contracts.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.020. MASTER PLANS OF DISTRICTS, ETC. The executive
director shall review and analyze master plans and other reports of
conservation districts, river authorities, and state agencies and
shall make its recommendations to the commission in all cases where
approval of the commission is required by law or is requested by a
district, authority, or agency.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985.
§ 16.021. TEXAS NATURAL RESOURCES INFORMATION
SYSTEM. (a) The executive administrator shall establish the
Texas Natural Resources Information System (TNRIS) to serve Texas
agencies and citizens as a centralized clearinghouse and referral
center for natural resource, census, and other socioeconomic data.
(b) The executive administrator may, on behalf of TNRIS,
enter into partnerships with private entities to provide additional
funding for improved access to TNRIS information. The board shall
adopt administrative rules to describe the process of establishing
partnerships, define the types of partnerships that may be formed,
establish the fee collection process, and define the
nondiscriminatory methods used to determine which private entities
may enter into partnerships. Any process developed by the board
must comply with all applicable laws regarding ethics, purchasing,
and contracts.
(c) The Texas Geographic Information Council (TGIC) is
created to provide strategic planning and coordination in the
acquisition and use of geo-spatial data and related technologies in
the State of Texas. The executive administrator and the executive
director of the Department of Information Resources shall designate
entities to be members of the TGIC. The chief administrative
officer of each member entity shall select one representative to
serve on the TGIC. The duties of the TGIC shall include providing
guidance to the executive administrator in carrying out the
executive administrator's duties under this section and guidance to
the Department of Information Resources for development of rules
related to statewide geo-spatial data and technology standards.
(d) Member entities of the TGIC that are state agencies
shall, and member entities that are not state agencies may, provide
information to the TGIC about their investments in geographic
information and plans for its use. Not later than September 1 of
each even-numbered year, the TGIC shall prepare and provide to the
board, the Department of Information Resources, the governor, and
the legislature a plan that inventories known state agency
geographic information systems projects and recommends initiatives
to improve the state's geographic information systems programs.
(e) Under the guidance of the TGIC, the executive
administrator shall:
(1) further develop the Texas Natural Resources
Information System by promoting and providing for effective
acquisition, archiving, documentation, indexing, and dissemination
of natural resource and related digital and nondigital data and
information;
(2) obtain information in response to disagreements
regarding names and name spellings for natural and cultural
features in the state and provide this information to the Board on
Geographic Names of the United States Department of the Interior;
(3) make recommendations to the Board on Geographic
Names of the United States Department of the Interior for naming any
natural or cultural feature subject to the limitations provided by
Subsection (f);
(4) make recommendations to the Department of
Information Resources to adopt and promote standards that
facilitate sharing of digital natural resource data and related
socioeconomic data among federal, state, and local governments and
other interested parties;
(5) acquire and disseminate natural resource and
related socioeconomic data describing the Texas-Mexico border
region; and
(6) coordinate, conduct, and facilitate the
development, maintenance, and use of mutually compatible statewide
digital base maps depicting natural resources and man-made
features.
(f) A recommendation may not be made under Subsection (e)(3)
for:
(1) a feature previously named under statutory
authority or recognized by an agency of the federal government, the
state, or a political subdivision of the state;
(2) a feature located on private property for which
consent of the property owner cannot be obtained; or
(3) naming a natural or cultural feature for a living
person.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.045, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 21, § 1, eff. Sept. 1,
1987; Acts 1997, 75th Leg., ch. 1010, § 7.02, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1234, § 24, eff. Sept. 1, 2001.
§ 16.022. WATER CONSERVATION STUDY. (a) The board and
the State Soil and Water Conservation Board shall jointly conduct a
study of the ways to improve or expand water conservation efforts
and report to the legislature.
(b) The report must include:
(1) an assessment of both agricultural and municipal
water conservation issues;
(2) information on existing conservation efforts by
the board and the State Soil and Water Conservation Board;
(3) information on existing conservation efforts by
municipalities receiving funding from the board, as specified in
water conservation plans submitted by the municipalities as part of
their applications for assistance;
(4) a discussion of future conservation needs;
(5) an analysis of programmatic approaches and funding
for additional conservation efforts;
(6) an assessment of existing statutory authority and
whether changes are needed to more effectively promote and fund
conservation projects; and
(7) an assessment of the board's agricultural water
conservation program.
(c) The report shall be issued as part of, or as a supplement
to, the state water plan.
Added by Acts 2001, 77th Leg., ch. 1234, § 24, eff. Sept. 1,
2001.
SUBCHAPTER C. PLANNING
§ 16.051. STATE WATER PLAN: DROUGHT, CONSERVATION,
DEVELOPMENT, AND MANAGEMENT; EFFECT OF PLAN. (a) Not later than
January 5, 2002, and before the end of each successive five-year
period after that date, the board shall prepare, develop,
formulate, and adopt a comprehensive state water plan that
incorporates the regional water plans approved under Section
16.053. The state water plan shall provide for the orderly
development, management, and conservation of water resources and
preparation for and response to drought conditions, in order that
sufficient water will be available at a reasonable cost to ensure
public health, safety, and welfare; further economic development;
and protect the agricultural and natural resources of the entire
state.
(b) The state water plan, as formally adopted by the board,
shall be a guide to state water policy. The commission shall take
the plan into consideration in matters coming before it.
(c) The board by rule shall define and designate river
basins and watersheds.
(d) The board, in coordination with the commission, the
Department of Agriculture, and the Parks and Wildlife Department,
shall adopt by rule guidance principles for the state water plan
which reflect the public interest of the entire state. When
adopting guidance principles, due consideration shall be given to
the construction and improvement of surface water resources and the
application of principles that result in voluntary redistribution
of water resources. The board shall review and update the guidance
principles, with input from the commission, the Department of
Agriculture, and the Parks and Wildlife Department, as necessary
but at least every five years to coincide with the five-year cycle
for adoption of a new water plan as described in Subsection (a).
(e) On adoption the board shall deliver the state water plan
to the governor, the lieutenant governor, and the speaker of the
house of representatives and present the plan for review to the
appropriate legislative committees. The plan shall include
legislative recommendations that the board believes are needed and
desirable to facilitate more voluntary water transfers. The plan
shall identify river and stream segments of unique ecological value
and sites of unique value for the construction of reservoirs that
the board recommends for protection under this section.
(f) The legislature may designate a river or stream segment
of unique ecological value. This designation solely means that a
state agency or political subdivision of the state may not finance
the actual construction of a reservoir in a specific river or stream
segment designated by the legislature under this subsection.
(g) The legislature may designate a site of unique value for
the construction of a reservoir. A state agency or political
subdivision of the state may not obtain a fee title or an easement
that would significantly prevent the construction of a reservoir on
a site designated by the legislature under this subsection.
(h) The board, the commission, or the Parks and Wildlife
Department or a political subdivision affected by an action taken
in violation of Subsection (f) or (g) may bring a cause of action to
remedy or prevent the violation. A cause of action brought under
this subsection must be filed in a district court in Travis County
or in the county in which the action is proposed or occurring.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.046, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 516, § 4, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1010, § 1.01, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 456, § 4, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 979, § 4, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 1223, § 2, eff. June 18, 1999; Acts 2001,
77th Leg., ch. 966, § 2.16, eff. Sept. 1, 2001.
§ 16.053. REGIONAL WATER PLANS. (a) The regional
water planning group in each regional water planning area shall
prepare a regional water plan, using an existing state water plan
identified in Section 16.051 of this code and local water plans
prepared under Section 16.054 of this code as a guide, if present,
that provides for the orderly development, management, and
conservation of water resources and preparation for and response to
drought conditions in order that sufficient water will be available
at a reasonable cost to ensure public health, safety, and welfare;
further economic development; and protect the agricultural and
natural resources of that particular region.
(b) No later than September 1, 1998, the board shall
designate the areas for which regional water plans shall be
developed, taking into consideration such factors as river basin
and aquifer delineations, water utility development patterns,
socioeconomic characteristics, existing regional water planning
areas, political subdivision boundaries, public comment, and other
factors the board deems relevant. The board shall review and update
the designations as necessary but at least every five years.
(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, representatives of the board, the
Parks and Wildlife Department, and the Department of Agriculture
shall serve as ex officio members of each regional water planning
group.
(d) The board shall provide guidelines for the
consideration of existing regional planning efforts by regional
water planning groups. The board shall provide guidelines for the
format in which information shall be presented in the regional
water plans.
(e) Each regional water planning group shall submit to the
board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the board under Section 16.051(d);
(2) provides information based on data provided or
approved by the board in a format consistent with the guidelines
provided by the board under Subsection (d);
(3) identifies:
(A) each source of water supply in the regional
water planning area in accordance with the guidelines provided by
the 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; and
(C) actions to be taken as part of the response;
(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;
(B) certified groundwater conservation district
management plans and other plans submitted 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, 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) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements; and
(I) emergency transfer of water under 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;
(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; and
(8) describes the impact of proposed water projects on
water quality.
(e-1) On request of the Texas Water Advisory Council, a
regional planning group shall provide the council a copy of that
planning group's regional water plan.
(f) No later than September 1, 1998, the board shall adopt
rules:
(1) to provide for the procedures for adoption of
regional water plans by regional water planning groups and for
approval of regional water plans by the board; and
(2) to govern procedures to be followed in carrying
out the responsibilities of this section.
(g) The board shall provide technical and financial
assistance to the regional water planning groups in the development
of their plans. The board shall simplify, as much as possible,
planning requirements in regions with abundant water resources.
The board, if requested, may facilitate resolution of conflicts
within regions.
(h)(1) Prior to the preparation of the regional water plan,
the regional water planning group shall, after notice, hold at
least one public meeting at some central location within the
regional planning area to gather suggestions and recommendations
from the public as to issues that should be addressed in the plan or
provisions that should be considered for inclusion in the plan.
(2) The regional water planning group shall provide an
ongoing opportunity for public input during the preparation of the
regional water plan.
(3) After the regional water plan is initially
prepared, the regional water planning group shall, after notice,
hold at least one public hearing at some central location within the
regional water planning area. The group shall make copies of the
plan available for public inspection at least one month before the
hearing by providing a copy of the plan in the county courthouse and
at least one public library of each county having land in the
region. Notice for the hearing shall include a listing of these and
any other location where the plan is available for review.
(4) After the regional water plan is initially
prepared, the regional water planning group shall submit a copy of
the plan to the board. The board shall submit comments on the
regional water plan as to whether the plan meets the requirements of
Subsection (e) of this section.
(5) If no interregional conflicts exist, the regional
water planning group shall consider all public and board comments;
prepare, revise, and adopt the final plan; and submit the adopted
plan to the board for approval and inclusion in the state water
plan.
(6) If an interregional conflict exists, the board
shall facilitate coordination between the involved regions to
resolve the conflict. If conflict remains, the board shall resolve
the conflict. On resolution of the conflict, the involved regional
water planning groups shall prepare revisions to their respective
plans and hold, after notice, at least one public hearing at some
central location within their respective regional water planning
areas. The regional water planning groups shall consider all
public and board comments; prepare, revise, and adopt their
respective plans; and submit their plans to the board for approval
and inclusion in the state water plan.
(7) The board may approve a regional water plan only
after it has determined that:
(A) all interregional conflicts involving that
regional water planning area have been resolved;
(B) the plan includes water conservation
practices and drought management measures incorporating, at a
minimum, the provisions of Sections 11.1271 and 11.1272; and
(C) the plan is consistent with long-term
protection of the state's water resources, agricultural resources,
and natural resources as embodied in the guidance principles
adopted under Section 16.051(d).
(8) Notice required by Subdivision (1), (3), or (6) of
this subsection must be:
(A) published once in a newspaper of general
circulation in each county located in whole or in part in the
regional water planning area before the 30th day preceding the date
of the public meeting or hearing; and
(B) mailed to:
(i) each mayor of a municipality with a
population of 1,000 or more that is located in whole or in part in
the regional water planning area;
(ii) each county judge of a county located
in whole or in part in the regional water planning area;
(iii) each special or general law district
or river authority with responsibility to manage or supply water in
the regional water planning area;
(iv) each retail public utility that:
(a) serves any part of the regional
water planning area; or
(b) receives water from the regional
water planning area; and
(v) each holder of record of a permit,
certified filing, or certificate of adjudication for the use of
surface water the diversion of which occurs in the regional water
planning area.
(9) Notice published or mailed under Subdivision (8)
of this subsection must contain:
(A) the date, time, and location of the public
meeting or hearing;
(B) a summary of the proposed action to be taken;
(C) the name, telephone number, and address of
the person to whom questions or requests for additional information
may be submitted; and
(D) information on how the public may submit
comments.
(i) The regional water planning groups shall submit their
adopted regional water plans to the board by January 5, 2001, for
approval and inclusion in the state water plan. In conjunction with
the submission of regional water plans, each planning group should
make legislative recommendations, if any, to facilitate more
voluntary water transfers in the region. Subsequent regional water
plans shall be submitted at least every five years thereafter.
Public participation for revised regional plans shall follow the
procedures under Subsection (h).
(j) The board may provide financial assistance to political
subdivisions under Subchapters E and F of this chapter, Subchapters
C, D, E, F, J, O, Q, and R, Chapter 15, and Subchapters D, I, K, and
L, Chapter 17, for water supply projects only if:
(1) the board determines that the needs to be
addressed by the project will be addressed in a manner that is
consistent with the state water plan;
(2) beginning January 5, 2002, the board:
(A) has approved a regional water plan as
provided by Subsection (i), and any required updates of the plan,
for the region of the state that includes the area benefiting from
the proposed project; and
(B) determines that the needs to be addressed by
the project will be addressed in a manner that is consistent with
that regional water plan; and
(3) the board finds that the water audit required
under Section 16.0121 has been completed and filed.
(k) The board may waive the requirements of Subsection (j)
of this section if the board determines that conditions warrant the
waiver.
(l) A political subdivision may contract with a regional
water planning group to assist the regional water planning group in
developing or revising a regional water plan.
(m) A cause of action does not accrue against a regional
water planning group, a representative who serves on the regional
water planning group, or an employee of a political subdivision
that contracts with the regional water planning group under
Subsection (l) for an act or omission in the course and scope of the
person's work relating to the regional water planning group.
(n) A regional water planning group, a representative who
serves on the regional water planning group, or an employee of a
political subdivision that contracts with the regional water
planning group under Subsection (l) is not liable for damages that
may arise from an act or omission in the course and scope of the
person's work relating to the regional water planning group.
(o) The attorney general, on request, shall represent a
regional water planning group, a representative who serves on the
regional water planning group, or an employee of a political
subdivision that contracts with the regional water planning group
under Subsection (l) in a suit arising from an act or omission
relating to the regional water planning group.
(p) If a groundwater conservation district files a petition
with the board stating that a conflict requiring resolution may
exist between the district's certified groundwater conservation
district management plan developed under Section 36.1071 and the
approved regional water plan, the board shall facilitate
coordination between the district and the involved region to
resolve the conflict. If conflict remains, the board shall resolve
the conflict. If the board determines that resolution of conflict
requires a revision of an approved regional water plan, the board
shall suspend the approval of that plan and provide information to
the regional water planning group. The regional water planning
group shall prepare any revisions to its plan specified by the board
and shall hold, after notice, at least one public hearing at some
central location within the regional water planning area. The
regional water planning group shall consider all public and board
comments, prepare, revise, and adopt its plan, and submit the
revised plan to the board for approval and inclusion in the state
water plan. If the board determines that resolution of conflict
requires a revision of the district's certified groundwater
conservation district management plan, the board shall suspend the
certification of that plan and provide information to the district.
The groundwater district shall prepare any revisions to its plan
specified by the board and shall hold, after notice, at least one
public hearing at some central location within the district. The
groundwater district shall consider all public and board comments,
prepare, revise, and adopt its plan, and submit the revised plan to
the board for certification. On the request of the involved region
or groundwater conservation district, the board shall include
discussion of the conflict and its resolution in the state water
plan that the board provides to the governor, the lieutenant
governor, and the speaker of the house of representatives under
Section 16.051(e).
(q) Each regional planning group shall examine the
financing needed to implement the water management strategies and
projects identified in the group's most recent approved regional
plan and, not later than June 1, 2002, shall report to the board
regarding:
(1) how local governments, regional authorities, and
other political subdivisions in the region propose to pay for water
infrastructure projects identified in the plan; and
(2) what role the regional planning group proposes for
the state in financing projects identified in the plan, giving
particular attention to proposed increases in the level of state
participation in funding for regional projects to meet needs beyond
the reasonable financing capability of local governments, regional
authorities, and other political subdivisions involved in building
water infrastructure.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.047, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1010, § 1.02, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 456, § 5, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 979, § 5, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 1180, § 1, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 1222, § 2, eff. June 18, 1999; Acts 1999,
76th Leg., ch. 1223, § 3, eff. June 18, 1999; Acts 2001, 77th
Leg., ch. 966, § 2.17 to 2.19, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1234, § 25, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 744, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
1057, § 5, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1275,
§ 3(45), eff. Sept. 1, 2003.
§ 16.054. LOCAL WATER PLANNING. (a) Notwithstanding
the provisions of this subsection, groundwater districts are the
state's preferred method of managing groundwater resources. It is
the policy of the state that water resource management, water
conservation, and drought planning should occur on an ongoing
basis. The board, commission, and Parks and Wildlife Department
shall make available where appropriate technical and financial
assistance for such planning. In addition, the Department of
Agriculture may provide input and assistance, as appropriate, for
local water planning.
(b) Local plans may be submitted to the appropriate regional
water planning group for the area as follows:
(1) holders of existing permits, certified filings, or
certificates of adjudication for the appropriation of surface water
in the amount of 1,000 acre-feet a year or more may submit plans
required by Section 11.1271 of this code;
(2) retail and wholesale public water suppliers and
irrigation districts may submit plans required by Section 11.1272
of this code;
(3) groundwater districts may submit management plans
certified under Section 36.1072 of this code; and
(4) special districts may submit conservation or
management plans required by general or special law.
(c) When preparing a plan to be submitted under this
section, a person shall consider the implementation of a
desalination program if practicable.
(d) The regional water planning group shall consider any
plan submitted under this section when preparing the regional water
plan under Section 16.053 of this code. A political subdivision,
including a groundwater conservation district, in the regional
water planning area may request a regional water planning group to
consider specific changes to a regional water plan based on changed
conditions or new information. The regional water planning group
shall consider the request and shall amend its regional water plan
if it determines that an amendment is warranted. If the entity
requesting the change is dissatisfied with the decision of the
regional planning group, the entity may request that the board
review the decision and consider changing the state-approved
regional plan.
(e) After January 5, 2002, when preparing individual water
plans that address drought or the development, management, or
conservation of water resources from the holders of existing
permits, certified filings, or certificates of adjudication, the
water suppliers, special districts, irrigation districts, and
other water users should ensure that the plan is not in conflict
with the applicable approved regional water plan for their region.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.047, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1010, § 1.02, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 456, § 6, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 979, § 6, eff. June 18, 1999;
Acts 2001, 77th Leg., ch. 966, § 2.20, eff. Sept. 1, 2001.
§ 16.055. DROUGHT RESPONSE PLAN. (a) The coordinator
of the division of emergency management of the office of the
governor is the state drought manager. The state drought manager is
responsible for managing and coordinating the drought response
component of the state water plan.
(b) The drought preparedness council is created and shall
meet as necessary to carry out the provisions of this section. The
council is composed of one representative from each of the
following entities, appointed by the administrative head of that
entity:
(1) the division of emergency management of the office
of the governor;
(2) the board;
(3) the commission;
(4) the Parks and Wildlife Department;
(5) the Department of Agriculture;
(6) the Texas Agricultural Extension Service;
(7) the State Soil and Water Conservation Board;
(8) the Texas Department of Housing and Community
Affairs;
(9) the Texas Forest Service;
(10) the Texas Department of Transportation;
(11) the Texas Department of Economic Development;
and
(12) a representative of groundwater management
interests who is appointed by the governor.
(c) The governor may designate any other person or a
representative of any other entity to serve on the drought
preparedness council.
(d) The state drought manager shall serve as chair of the
drought preparedness council.
(e) The drought preparedness council shall be responsible
for:
(1) the assessment and public reporting of drought
monitoring and water supply conditions;
(2) advising the governor on significant drought
conditions;
(3) recommending specific provisions for a defined
state response to drought-related disasters for inclusion in the
state emergency management plan and the state water plan;
(4) advising the regional water planning groups on
drought-related issues in the regional water plans;
(5) ensuring effective coordination among state,
local, and federal agencies in drought-response planning; and
(6) reporting to the legislature, not later than
January 15 of each odd-numbered year, regarding significant drought
conditions in the state.
(f) In performing its duties under this section, the drought
preparedness council shall consider the following factors when
determining whether a drought exists for the purposes of this
section:
(1) meteorological conditions and forecasts;
(2) hydrological conditions and forecasts;
(3) water use and demand forecasts;
(4) water supply conditions and forecasts;
(5) the potential impacts of the water shortage on:
(A) the public health, safety, and welfare;
(B) economic development; and
(C) agricultural and natural resources; and
(6) other factors deemed appropriate by the council.
(g) Immediately upon the declaration under Section 418.014
or 418.108, Government Code, of a state of disaster in a county due
to drought conditions, the county shall:
(1) publish notice of the declaration of the state of
disaster in one or more newspapers having general circulation in
the county; and
(2) give notice of the declaration of the state of
disaster to:
(A) the chairman of the regional water planning
group in which the county is located; and
(B) each person or entity located in the county
that is required to develop a water conservation plan under Section
11.1271 or a drought contingency plan under Section 11.1272.
(h) On receipt of the notice under Subsection (g)(2)(B), the
person or entity shall immediately implement the person's or
entity's water conservation plan or drought contingency plan.
(i) Nothing in this section prevents a political
subdivision or a person or entity required to develop a water
conservation plan under Section 11.1271 or a drought contingency
plan under Section 11.1272 from implementing water conservation
measures.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1010, § 1.02, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 979, § 7, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 1273, § 1, eff. Sept. 1, 1999.
§ 16.0551. STATE DROUGHT PREPAREDNESS PLAN. (a) The
drought preparedness council shall develop and implement a
comprehensive state drought preparedness plan for mitigating the
effects of drought in the state and shall periodically update the
plan. The plan shall be separate from the state water plan.
(b) The plan shall provide for:
(1) timely and systematic data collection, analysis,
and dissemination of drought-related information;
(2) an organizational structure that:
(A) assures information flow between and within
levels of government;
(B) defines the duties and responsibilities of
all agencies with respect to drought; and
(C) assures coordination between the state and
federal governments through integration with applicable national
drought policies;
(3) maintenance of an inventory of state and federal
programs for assessing and responding to drought emergencies,
together with updated recommendations regarding appropriate
action;
(4) a mechanism to improve the timely and accurate
assessment of drought impact on agriculture, industry,
municipalities, wildlife, and the health of the natural resource
base;
(5) provision of accurate and timely information to
the media to keep the public informed of current conditions; and
(6) procedures to evaluate and revise the plan on a
continuous basis to keep the plan responsive to state needs.
(c) The state drought manager shall use existing resources
to develop an information and communications network to forecast
and inform interested parties and the public of the potential for
drought, including programs and staff of state agencies and other
political subdivisions and of state institutions of higher
education.
Added by Acts 1999, 76th Leg., ch. 979, § 8, eff. June 18, 1999.
§ 16.056. FEDERAL ASSISTANCE IN FINANCING REGIONAL WATER
PLANS. The executive administrator may take all necessary action
to qualify for federal assistance in financing the development and
improvement of the regional water plans.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.047, eff.
Sept. 1, 1985. Renumbered from V.T.C.A., Water Code § 16.057 and
amended by Acts 1997, 75th Leg., ch. 1010, § 1.02, eff. Sept. 1,
1997.
§ 16.058. COLLECTION OF BAYS AND ESTUARIES DATA;
CONDUCT OF STUDIES. (a) The Parks and Wildlife Department and the
board shall have joint responsibility, in cooperation with other
appropriate governmental agencies, to establish and maintain on a
continuous basis a bay and estuary data collection and evaluation
program and conduct studies and analyses to determine bay
conditions necessary to support a sound ecological environment.
(b) The Parks and Wildlife Department and the board each
shall designate an employee to share equally in the oversight of the
program studies. Other responsibilities shall be divided between
the Parks and Wildlife Department and the board to maximize present
in-house capabilities of personnel and equipment and to minimize
costs to the state.
(c) The Parks and Wildlife Department and the board each
shall have reasonable access to all data, studies, analyses,
information, and reports produced by the other agency.
(d) The studies shall be completed not later than December
31, 1989. Publication of completed studies shall be submitted for
comment to both the board and the Parks and Wildlife Department.
(e) The board may authorize the use of money from the
research and planning fund established by Chapter 15 of this code to
accomplish the purposes of this section. That money shall be used
by the board in cooperation with the Parks and 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.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.047, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 419, § 2, eff. Sept. 1,
1987.
§ 16.059. COLLECTION OF INSTREAM FLOW DATA; CONDUCT OF
STUDIES. (a) The Parks and Wildlife Department, the commission,
and the board, in cooperation with other appropriate governmental
agencies, shall jointly establish and continuously maintain an
instream flow data collection and evaluation program and shall
conduct studies and analyses to determine appropriate
methodologies for determining flow conditions in the state's rivers
and streams necessary to support a sound ecological environment.
Any stream that consists only of floodwaters and is dry more than 75
percent of the year is exempt from this section.
(b) The Parks and Wildlife Department, the commission, and
the board shall each designate an employee to share equally in the
oversight of the program studies. Other responsibilities shall be
divided between the Parks and Wildlife Department, the commission,
and the board to maximize present in-house capabilities of
personnel and equipment and to minimize costs to the state.
(c) The Parks and Wildlife Department, the commission, and
the board shall each have reasonable access to all data, studies,
analyses, information, and reports produced by the other agencies.
(d) The priority studies shall be completed not later than
December 31, 2010. The Parks and Wildlife Department, the
commission, and the board shall establish a work plan that
prioritizes the studies and that sets interim deadlines providing
for publication of flow determinations for individual rivers and
streams on a reasonably consistent basis throughout the prescribed
study period. Before publication, completed studies shall be
submitted for comment to the commission, the board, and the Parks
and Wildlife Department.
(e) Results of studies completed under this section shall be
considered by the commission in its review of any management plan,
water right, or interbasin transfer.
(f) The board may authorize the use of money from the
research and planning fund established under Chapter 15 to
accomplish the purposes of this section. The money shall be used by
the board in cooperation with the commission and the Parks and
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.
Added by Acts 2001, 77th Leg., ch. 966, § 4.17, eff. Sept. 1,
2001.
§ 16.060. DESALINATION STUDIES AND RESEARCH. (a) The
board shall undertake or participate in research, feasibility and
facility planning studies, investigations, and surveys as it
considers necessary to further the development of cost-effective
water supplies from seawater desalination in the state.
(b) The board shall prepare a biennial progress report on
the implementation of seawater desalination activities in the state
and shall submit it to the governor, lieutenant governor, and
speaker of the house of representatives not later than December 1 of
each even-numbered year. The report shall include:
(1) results of the board's studies and activities
relative to seawater desalination during the preceding biennium;
(2) identification and evaluation of research,
regulatory, technical, and financial impediments to the
implementation of seawater desalination projects;
(3) evaluation of the role the state should play in
furthering the development of large-scale seawater desalination
projects in the state; and
(4) the anticipated appropriation from general
revenues necessary to continue investigating water desalination
activities in the state during the next biennium.
(c) The board shall actively pursue federal sources of
funding for desalination projects in the state.
Added by Acts 2003, 78th Leg., ch. 49, § 2, eff. May 15, 2003.
SUBCHAPTER D. COOPERATION WITH FEDERAL GOVERNMENT
§ 16.091. DESIGNATION OF BOARD. The board is designated
as the state agency to cooperate with the Corps of Engineers of the
United States Army and the Bureau of Reclamation of the United
States Department of the Interior in the planning of water resource
development projects in this state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.047, eff.
Sept. 1, 1985.
§ 16.092. LOCAL SPONSORS FOR PROJECTS. (a) When a
project is proposed for planning or development by the board, the
Corps of Engineers of the United States Army, or the Bureau of
Reclamation of the United States Department of the Interior, any
political subdivision may apply to the executive director for
designation as the cooperating local sponsor of the project.
(b) In the application the applicant shall:
(1) describe the purposes of the project;
(2) state the reasons for the application, the
contemplated use of water the applicant might derive from the
project if a permit for the use is subsequently granted by the
commission; and
(3) cite the contributions the applicant is prepared
to make to the planning or development of the project.
(c) No application for designation as a local sponsor shall
cover more than one proposed project.
(d) The commission shall prescribe the form to be used in
applications for designation as cooperating local sponsor. Before
accepting the application, the commission may require that the
applicant complete the prescribed form.
(e) Before making any designation of local sponsorship, the
commission shall set the application for hearing and give public
notice of the hearing. Any interested party may appear and be heard
for or against the designation of the applicant as project sponsor.
(f) More than one cooperating local sponsor may be
designated for each project, but each applicant must comply with
the provisions of this section.
(g) After a public hearing, the commission, by written
order, shall grant or reject the application and shall state its
reasons. The commission may set a reasonable time period for any
sponsorship designation.
(h) In granting any future permit for use of water stored in
a project for which it has designated a local sponsor, the
commission shall fully recognize that sponsor's contributions to
the planning and development of the project.
(i) To the extent that no local cooperator is prepared to
undertake local sponsorship of a federal project in whole or part or
to the extent that the board has an interest in the project, the
board may be designated as sponsor of the project or as an
additional cooperating sponsor.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.048, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 20, § 2, eff. Sept. 1,
1987.
§ 16.093. FEDERAL GRANTS FOR THE CONSTRUCTION OF
TREATMENT WORKS; PROCESSING FEES. (a) The board may execute
agreements with the United States Environmental Protection Agency
or its successor agency and any other federal agency that
administers programs providing federal grants to local governments
for the construction of treatment works, as defined in Section
17.272 of this code. The board may exercise all duties and
responsibilities required for the administration by the board of
the federal construction grant program.
(b) Each applicant for a federal construction grant, under a
grant program administered by the board, shall pay to the board a
reasonable grant processing fee as prescribed by the board. The
grant processing fee charged by the board shall be cost-eligible
under the grant program and shall not exceed one-half of one percent
of the total eligible project cost, including the planning, design,
and construction phases, for any one project. The board shall
promulgate regulations establishing schedules for timely payment
of grant processing fees. For grants awarded in steps under a
federal program, the time schedule for payment of grant processing
fees shall provide for payment reasonably apportioned among each
step grant awarded. The grant processing fee for each step grant or
for any other grant not awarded in steps shall be due and payable
immediately following the award of such grant. No grant processing
fee shall be levied for any grant awarded prior to the effective
date of this Act; but the grant processing fee established in this
Subsection (b) shall be levied on grants awarded on or after the
effective date of this Act where the board has processed the grant
pursuant to an agreement with the United States Environmental
Protection Agency, or its successor agency, or any other federal
agency that administers programs providing federal grants to local
governments for the construction of treatment works.
(c) All grant processing fees collected by the board shall
be deposited in a special fund of the state treasury for use by the
board in processing and administering the grant programs, and shall
not be deposited in the general revenue fund of the state.
Added as § 21.101 by Acts 1977, 65th Leg., p. 253, ch. 120, §
1, eff. Aug. 29, 1977. Renumbered from § 26.048 and amended by
Acts 1987, 70th Leg., ch. 977, § 25, eff. June 19, 1987.
SUBCHAPTER E. ACQUISITION AND DEVELOPMENT OF FACILITIES
§ 16.131. AUTHORIZED PROJECTS. The board may use the
state participation account of the development fund to encourage
optimum regional development of projects including the design,
acquisition, lease, construction, reconstruction, development, or
enlargement in whole or part of:
(1) reservoirs and storm water retention basins for
water supply, flood protection, and groundwater recharge;
(2) facilities for the transmission and treatment of
water; and
(3) treatment works as defined by Section 17.001 of
this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 133, § 2.15; Acts 1987,
70th Leg., ch. 1103, § 10, eff. Sept. 1, 1987.
§ 16.132. JOINT VENTURES. The board may act singly or
in a joint venture in partnership with any person or entity,
including any agency or political subdivision of this state, or
with another state or its political subdivisions, or with the
United States, or with a foreign nation, to the extent permitted by
law.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.133. PERMITS REQUIRED. Except as provided by
Section 16.1331 of this code, the board shall obtain permits from
the commission for the storage, transportation, and application to
beneficial use of water in reservoirs and associated works
constructed by the board.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 133, § 4.04.
§ 16.1331. RESERVATION AND APPROPRIATION FOR BAYS AND
ESTUARIES AND INSTREAM USES. (a) Five percent of the annual firm
yield of water in any reservoir and associated works constructed
with state financial participation under this chapter within 200
river miles from the coast, to commence from the mouth of the river
thence inland, is appropriated to the Parks and Wildlife Department
for use to make releases to bays and estuaries and for instream
uses, and the commission shall issue permits for this water to the
Parks and Wildlife Department under procedures adopted by the
commission.
(b) The Parks and Wildlife Department in cooperation with
the commission shall manage this water for the purposes stated in
this section.
(c) The Parks and Wildlife Department shall adopt necessary
rules and shall enter into necessary memoranda of understanding
with the commission to provide necessary rules and procedures for
managing the water and for release of the water for the purposes
stated in this section.
(d) This section applies only to reservoirs and associated
works on which construction begins on or after September 1, 1985.
(e) This section does not limit or repeal any other
authority of or law relating to the commission.
(f) Operating and maintenance costs for the percentage of
annual firm yield appropriated to the Parks and Wildlife Department
shall be paid by local political subdivisions that are the project
owners.
Added by Acts 1985, 69th Leg., ch. 133, § 4.04. Amended by Acts
1995, 74th Leg., ch. 76, § 11.288, eff. Sept. 1, 1995.
§ 16.134. STORING WATER. The board may use any
reservoir acquired, leased, constructed, reconstructed, developed,
or enlarged by it under this chapter to store unappropriated state
water and other water acquired by the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.1341. PAYMENT FOR RELEASES AND PASS-THROUGHS FROM
STATE RESERVOIRS. (a) If the commission orders, for the purpose
of maintaining the ecological health of any bay and estuary system,
a release or pass-through of appropriated water from an existing
reservoir owned in part by the board on September 1, 1985, the board
shall pay the amount necessary to pay all maintenance and operating
costs associated with the storage and release of the water.
(b) If the order under Subsection (a) of this section
results in a dedication that reduces the reservoir's firm yield
water supply capability, the board is responsible for repayment of
that portion of the construction cost indebtedness associated with
that dedication.
Added by Acts 1985, 69th Leg., ch. 795, § 4.001, eff. Sept. 1,
1985.
§ 16.135. BOARD FINDINGS. Before the board may acquire
a facility or interest in a facility, the board shall find
affirmatively that:
(1) it is reasonable to expect that the state will
recover its investment in the facility;
(2) the cost of the facility exceeds the current
financing capabilities of the area involved, and the optimum
regional development of the facility cannot be reasonably financed
by local interests without state participation;
(3) the public interest will be served by acquisition
of the facility; and
(4) the facility to be constructed or reconstructed
contemplates the optimum regional development which is reasonably
required under all existing circumstances of the site.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 133, § 2.15.
§ 16.1351. RECREATIONAL ACCESS. If the board is
acquiring an interest in a storage facility, it must also find
affirmatively that the applicant has a plan to provide adequate
public recreational access areas to suitable recreational
resources.
Added by Acts 1985, 69th Leg., ch. 133, § 2.22.
§ 16.136. FACILITIES WANTED BY POLITICAL
SUBDIVISION. The board may acquire all or part of any authorized
facility to the extent that the board finds that the political
subdivision:
(1) is willing and reasonably able to finance that
portion of the cost of the facility that the board does not acquire;
(2) has obtained all necessary permits;
(3) has proposals that are consistent with the
objectives of the state water plan; and
(4) has a program of water conservation for the more
efficient use of water as required by Section 15.106 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1987, 70th Leg., ch. 1103, § 10, eff. Sept.
1, 1987; Acts 2001, 77th Leg., ch. 1234, § 26, eff. Sept. 1,
2001.
§ 16.137. CONTRACTS: GENERAL AUTHORITY. (a) The
board may execute contracts to the full extent that contracts are
constitutionally authorized and not limited for the design,
management, acquisition, lease, construction, reconstruction,
development, enlargement, operation, or maintenance, singularly or
in any combination, of any existing or proposed project.
(b) The board shall obtain the approval of the attorney
general as to the legality of all contracts authorized under this
subchapter to which the board is a party.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.138. SPECIFIC CONTRACTS AUTHORIZED. Contracts
authorized by Section 16.137 of this code shall include but are not
limited to the following:
(1) contracts secured by the general credit of the
state which shall constitute general obligations of the state in
the same manner and with the same effect as water development bonds,
and principal and interest on these contracts shall be paid in the
manner provided for payment of principal and interest on state
bonds by the constitution;
(2) federal grants or grants from other sources;
(3) contracts which may be fully or partially secured
by water purchase or repayment contracts executed by political
subdivisions of the state for purchase of water and facilities
necessary to supply present and future regional and local water
requirements;
(4) contracts with any person, including but not
limited to the United States, local public agencies, power
cooperatives, and investor-owned utilities, for financing,
constructing, and operating facilities to operate and deliver
pumping energy required for projects; and
(5) contracts for goods and services necessary for the
design, management, acquisition, lease, construction,
reconstruction, development, enlargement, implementation,
operation, or maintenance of any existing or proposed project or
portion of the project.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.139. CONTRACTS: FACILITIES ACQUIRED FOR A TERM OF
YEARS. If facilities are acquired for a term of years, the board
may include in the contract provisions for renewal that will
protect the state's investment.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.140. MAINTENANCE CONTRACTS. The board may execute
contracts for the operation and maintenance of the state's interest
in any project and may agree to pay reasonable operation and
maintenance charges allocable to the state interest.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.141. RECREATIONAL FACILITIES. The board may
execute contracts with the United States and with state agencies
and political subdivisions and with others to the extent authorized
for the development and operation of recreational facilities at any
project in which the state has acquired an interest. Income
received by the board under these contracts may be used for the same
purposes as income from the sale of water. The legislature may
appropriate money for the development and operation of recreational
facilities at projects in which the state has acquired an interest.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.142. RECOVERY OF ADMINISTRATIVE COSTS. (a) The
board may charge an administrative fee to a political subdivision
with which the board agrees to participate in a project under this
subchapter.
(b) The board by rule shall set the fee at an amount it
considers necessary to recover the costs incurred or to be incurred
by the board in administering the project over its life, including
the costs of processing an application, monitoring construction,
and auditing and monitoring the project. The state auditor may
review fees charged by the board to determine whether the fees are
set consistent with this subsection, based on a risk assessment
performed by the state auditor and subject to the legislative audit
committee's approval of including the review in the audit plan
under Section 321.013, Government Code.
(c) The board may require the payment of the fee in one or
more payments.
(d) Fees shall be deposited as directed by the board for use
in administering the program.
Added by Acts 1999, 76th Leg., ch. 1323, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 785, § 49, eff. Sept. 1,
2003.
SUBCHAPTER F. SALE OR LEASE OF FACILITIES
§ 16.181. BOARD MAY SELL OR LEASE PROJECTS. (a) The
board may sell, transfer, or lease, to the extent of its ownership,
a project acquired, constructed, reconstructed, developed, or
enlarged with money from the state participation account.
(b) The board shall obtain the approval of the attorney
general as to the legality of all contracts authorized under this
subchapter to which the board is a party.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870 § 1, eff. Sept.
1, 1977; Acts 1985, 69th Leg., ch. 133, § 2.16.
§ 16.182. PERMIT REQUIRED. Before the board grants the
application to buy, receive, or lease the facilities, the applicant
shall first secure a permit for water use from the commission. If
the facilities are to be leased, the permit may be for a term of
years.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.183. PERMIT: PARAMOUNT CONSIDERATION OF
COMMISSION. In passing on an application for a permit under this
subchapter whether it proposes a use of water inside or outside the
watershed of the impoundment, the commission shall give paramount
consideration to recouping the state's investment in order to
protect the public interest and promote the general welfare.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.184. CONTRACT MUST BE NEGOTIATED. The commission
shall not issue the permit until the applicant has executed a
contract with the board for acquisition of the facilities.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.185. RESERVOIR LAND. The board may lease acquired
reservoir land until construction of the dam is completed without
the necessity of a permit issued by the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.186. PRICE OF SALE. (a) The price of the sale or
transfer of a state facility acquired prior to September 1, 1977,
other than a facility acquired under a contract with the United
States, shall be the sum of the direct cost of acquisition, plus an
amount of interest calculated when one-half of one percent is added
to the weighted average effective interest rate in effect at the
date of sale or transfer of the state facility times the amount of
board money disbursed for the acquisition times the number of years
and fraction of a year from the date or dates of purchase or
acquisition to the date or dates of sale or transfer, plus the
board's cost of operating and maintaining the facility from the
date of acquisition to the date of sale or transfer, less any
payments received by the board from the lease of the facility or the
sale of water from it. The board may negotiate with a purchaser a
different interest rate for calculation of the price of sale if the
board determines that establishment of a different interest rate
would benefit the state and would expedite the sale of the board's
interest in the facility.
(b) The price of the sale or transfer of a state facility
acquired on or subsequent to September 1, 1977, other than a
facility acquired under a contract with the United States, shall be
the sum of the direct cost of acquisition, plus an amount of
interest calculated by multiplying the lending rate in effect at
the date of acquisition by the amount of board money disbursed for
the acquisition times the number of years and fraction of a year
from the date or dates of the purchase or acquisition to the date or
dates of the sale or transfer of the state facility, plus the
board's cost of operating and maintaining the facility from the
date of acquisition to the date of sale or transfer, less any
payments received by the board from the lease of the facility or the
sale of water from it.
(c) The purchaser of the board's interest in a state
facility shall also assume, to the extent disclosed by the board at
or prior to the sale, any and all direct, conditional, or contingent
liabilities of the board attributed to the project in direct
relation to the percentage of the project acquired by the
purchaser.
Amended by Acts 1977, 65th Leg., p. 671, ch. 254, § 2, eff. May
25, 1977. Renumbered from 11.356 by Acts 1977, 65th Leg., p. 2207,
ch. 870, § 1, eff. Sept. 1, 1977. Amended by Acts 1989, 71st
Leg., ch. 307, § 1, eff. June 14, 1989.
§ 16.187. PRICE OF SALE: FACILITIES ACQUIRED UNDER
CONTRACTS WITH THE UNITED STATES. (a) The price of the sale or
transfer of a facility acquired prior to September 1, 1977, under a
contract with the United States shall be the sum of the direct cost
of acquisition, plus an amount of interest calculated by adding
one-half of one percent to the weighted average effective interest
rate in effect at the date of the sale or transfer of the state
facility times the amount of board money disbursed for the
acquisition times the number of years and fraction of a year for
which the board paid interest to the other party to the contract,
plus the board's cost of operating and maintaining the facility
from the date of acquisition to the date of the sale or transfer,
less any payments received by the board from the lease of the
facility or the sale of water from it.
(b) The price of the sale or transfer of a state facility
acquired on or subsequent to September 1, 1977, under a contract
with the United States shall be the sum of the direct cost of
acquisition, plus an amount of interest calculated by multiplying
the lending rate in effect at the time of acquisition by the amount
of board money disbursed for the acquisition of the facility times
the number of years and fraction of a year from the date or dates of
purchase or acquisition to the date or dates of sale or transfer,
plus the board's cost of operating and maintaining the facility
from the date of acquisition to the date of the sale or transfer of
the facility, less any payments received by the board from the lease
of the facility or the sale of water from it.
(c) If, in transferring any contract, the board remains in
any way directly, conditionally, or contingently liable for the
performance of any part of the contract, then the transferee, in
addition to the payments prescribed by Subsection (a) or (b) of this
section, as applicable, shall pay to the board annually one-half of
one percent of the remaining amount owed to the other party to the
contract, and shall continue these payments until the board is
fully released from the contract.
Amended by Acts 1977, 65th Leg., p. 671, ch. 254, § 2, eff. May
25, 1977. Renumbered from 11.357 and amended by Acts 1977, 65th
Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977.
§ 16.1871. ACQUISITION DATE. (a) If the board has made
an initial payment prior to September 1, 1977, to acquire a state
facility, other than a facility acquired under a contract with the
United States, the state facility shall be deemed to have been
acquired prior to September 1, 1977, for purposes of Section 16.186
of this code. If the board makes its initial payment on or after
September 1, 1977, to acquire a state facility, other than a
facility acquired under a contract with the United States, the
state facility shall be deemed to have been acquired on or after
September 1, 1977, for purposes of Section 16.186 of this code.
(b) If the board has executed a contract with the United
States prior to September 1, 1977, to purchase a state facility, the
state facility shall be deemed to have been acquired prior to
September 1, 1977, for purposes of Section 16.187 of this code. If
the board executes a contract with the United States on or after
September 1, 1977, to purchase a state facility, the state facility
shall be deemed to have been acquired on or after September 1, 1977,
for purposes of Section 16.187 of this code.
Added by Acts 1977, 65th Leg., p. 673, ch. 254, § 3, eff. May 25,
1977. Renumbered from § 11.3571 and amended by Acts 1987, 70th
Leg., ch. 977, § 7, eff. June 19, 1987.
§ 16.188. COSTS DEFINED. With reference to the sale of
a state facility, "direct cost of acquisition" means the principal
amount the board has paid or agreed to pay for a facility up to the
date of sale, but does not include the board's cost of operating and
maintaining the facility from the date of acquisition to the date of
the sale or transfer of the facility.
Amended by Acts 1977, 65th Leg., p. 671, ch. 254, § 2, eff. May
25, 1977. Renumbered from 11.358 by Acts 1977, 65th Leg., p. 2207,
ch. 870, § 1, eff. Sept. 1, 1977.
§ 16.189. LEASE PAYMENTS. In leasing a state facility
for a term of years, the board shall require payments that will
recover over the lease period not less than the total of:
(1) all principal and interest requirements
applicable to the debt incurred by the state in acquiring the
facility; and
(2) the state's cost for operation, maintenance, and
rehabilitation of the facility.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1010, § 5.02, eff.
Sept. 1, 1997.
§ 16.190. SALE OR LEASE: CONDITION PRECEDENT. (a) No
sale, transfer, or lease of a state facility is valid unless the
board first makes the following affirmative findings:
(1) that the applicant has a permit granted by the
commission;
(2) that the sale, transfer, or lease will contribute
to the conservation and development of the water resources of the
state; and
(3) that the consideration for the sale, transfer, or
lease is fair, just, and reasonable and in full compliance with the
law.
(b) The consideration for any such sale or transfer may be
either money or revenue bonds, which revenue bonds for the purposes
hereof shall be deemed the same as money.
(c) The amount of money shall be equal to the price for
purchasing the facilities as prescribed by the provisions of
Section 16.187 of this code, or if revenue bonds constitute the
consideration, the principal amount of revenue bonds shall be equal
to the price for purchasing the facilities as prescribed by the
provisions of Section 16.187 of this code, and such revenue bonds
shall bear interest at the rate prescribed in Section 17.128 of this
code with regard to bonds purchased with the proceeds of the Texas
Water Development Fund.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.191. DISPOSITION OF PROCEEDS. (a) The money
received from any sale, transfer, or lease of facilities as cash, or
in the case of a sale or transfer involving revenue bonds, the money
received as matured interest or principal on the bonds shall be used
to pay the principal of and interest on water development bonds or
to meet contractual obligations incurred by the board. The money
shall be collected and credited to the proper special fund as is
money received in payment of principal and interest on loans to
political subdivisions under this code, taking into consideration
the manner in which the facilities were acquired.
(b) When enough money has been collected to pay all
outstanding indebtedness, including the principal of all state
bonds and contractual obligations and the full amount of interest
to accrue on these debts, the board may use any further amounts
received from the sale, transfer, or lease of facilities to acquire
additional facilities or to provide assistance to political
subdivisions for water supply projects.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.192. SALE OF STORED WATER. The board may sell any
unappropriated public water of the state and other water acquired
by the state that is stored by or for it. The price will be
determined by the board.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.193. PERMIT. (a) The board may not sell the water
stored in a facility to any person who has not obtained a permit
from the commission. The rights of the applicant in the water are
governed by the terms and conditions of the permit. The permit may
be for a term of years.
(b) Whether the application for a permit involves a proposed
use of water inside or outside the watershed of the impoundment, the
commission shall give paramount consideration to recouping the
state's investment in order to protect the public interest and
promote the general welfare.
(c) The permit shall be conditioned on continued payment of
the obligations assumed under the contract with the board and may
provide for cancellation at any time on breach of the contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.194. SALE CONTRACT: PROVISIONS,
LIMITATIONS. (a) The board may determine the consideration and
other provisions to be included in water sale contracts, but the
consideration and other provisions shall be fair, reasonable, and
nondiscriminatory. The board may include charges for standby
service, which means holding water and conservation storage space
for use and for actual delivery of water.
(b) The board shall make the same determinations with
respect to the sale of water as are required in Section 16.190 of
this code with respect to the sale or lease of facilities.
(c) The board shall not compete with any political
subdivision in the sale of water when this competition jeopardizes
the ability of the political subdivision to meet obligations
incurred to finance its own water supply projects.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.195. EMERGENCY RELEASES OF WATER. Unappropriated
water and other water of the state stored in any facility acquired
by and under the control of the board may be released without charge
to relieve any emergency condition arising from drought, severe
water shortage, or public calamity, if the commission first
determines the existence of the emergency and requests the board to
release water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 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 of this code relating to
preferences in the appropriation and use of state water. The board
and the commission shall coordinate their efforts to meet these
objectives and to assure that the public water of this state, which
is held in trust for the use and benefit of the public, will be
conserved, developed, and utilized in the greatest practicable
measure for the public welfare.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.197. LEASE OF LAND PRIOR TO PROJECT
CONSTRUCTION. The board may lease tracts of land acquired for
project purposes for a term of years for any purpose not
inconsistent with ultimate project construction. The lease shall
be scheduled to expire before initiation of project construction.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.198. LEASE CONTRIBUTIONS EQUIVALENT TO TAXES. The
lease may provide for contribution by the lessee to units of local
government of amounts equivalent to ad valorem taxes or special
assessments.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
SUBCHAPTER G. IMPROVEMENTS
§ 16.231. DESIGN OF IMPROVEMENTS OR SYSTEM OF
IMPROVEMENTS. Insofar as possible, improvements necessary to
reclaim overflowed land, swampland, and other land in this state
that is not suitable for use because of temporary or permanent
excessive accumulation of water on or contiguous to the land for
agricultural or other use shall be designed with primary
consideration to the topographic and hydrographic conditions and in
such a manner that each division of a project shall be a complete,
united project forming a coordinate part of an ultimately finished
series of projects so constituted that the successful operation of
each united project shall coordinate with the successful operation
of other projects within the same hydraulic influence.
Formerly § 16.233, amended by Acts 1977, 65th Leg., p. 2207, ch.
870, § 1, eff. Sept. 1, 1977. Renumbered and amended by Acts
1981, 67th Leg., p. 3156, ch. 828, § 8, eff. June 17, 1981.
§ 16.232. LOCATION OF PROJECTS; REPORTS. The executive
director shall maintain files reflecting engineering reports,
studies, drawings, and staff findings and recommendations
pertaining to the location and effect of reclamation projects.
Formerly § 16.234, amended by Acts 1977, 65th Leg., p. 2207, ch.
870, § 1, eff. Sept. 1, 1977. Renumbered and amended by Acts
1981, 67th Leg., p. 3156, ch. 828, § 8, eff. June 17, 1981.
Amended by Acts 1985, 69th Leg., ch. 795, § 1.049, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 977, § 16, eff. June 19, 1987.
§ 16.233. COOPERATION WITH OTHER AGENCIES. In
performing functions that are a part of duties assigned to the
commission or board by this code or other law, the executive
director, with the approval of the commission, or the executive
administrator, with the approval of the board, may confer with
federal and state agencies and with political subdivisions and may
execute cooperative agreements with them. The executive director
or executive administrator may cancel any such agreement on 10 days
notice to the other party.
Formerly § 16.235, amended by Acts 1977, 65th Leg., p. 2207, ch.
870, § 1, eff. Sept. 1, 1977. Renumbered by Acts 1981, 67th
Leg., p. 3156, ch. 828, § 8, eff. June 17, 1981. Amended by Acts
1985, 69th Leg., ch. 795, § 1.049, eff. Sept. 1, 1985.
§ 16.234. ADVICE TO DISTRICTS. The executive director
shall confer with districts requesting technical advice on the
adequate execution of proposed levee and drainage improvements.
Formerly § 16.236, amended by Acts 1977, 65th Leg., p. 2207, ch.
870, § 1, eff. Sept. 1, 1977. Renumbered by Acts 1981, 67th
Leg., p. 3156, ch. 828, § 8, eff. June 17, 1981.
§ 16.235. DISTRICTS TO FILE INFORMATION WITH
COMMISSION. Immediately before having its bonds approved by the
attorney general, each drainage district and levee improvement
district shall file with the commission, on forms furnished by the
commission, a complete record showing each step in the organization
of the district, the amount of bonds to be issued, and a description
of the area and boundaries of the district, accompanied by plans,
maps, and profiles of improvements and the district engineer's
estimates and reports on them.
Formerly § 16.237, amended by Acts 1977, 65th Leg., p. 2207, ch.
870, § 1, eff. Sept. 1, 1977. Renumbered by Acts 1981, 67th
Leg., p. 3156, ch. 828, § 8, eff. June 17, 1981. Amended by Acts
1985, 69th Leg., ch. 795, § 1.049, eff. Sept. 1, 1985.
§ 16.236. CONSTRUCTION OF LEVEE WITHOUT APPROVAL OF
PLANS; LEVEE SAFETY. (a) No person may construct, attempt to
construct, cause to be constructed, maintain, or cause to be
maintained any levee or other such improvement on, along, or near
any stream of this state that is subject to floods, freshets, or
overflows so as to control, regulate, or otherwise change the
floodwater of the stream without first obtaining approval of the
plans by the commission.
(b) The commission shall make and enforce rules and orders
and shall perform all other acts necessary to provide for the safe
construction, maintenance, repair, and removal of levees located in
this state.
(c) If the owner of a levee that is required to be
constructed, reconstructed, repaired, or removed to comply with the
rules and orders promulgated under this section wilfully fails or
refuses to comply within the 30-day period following the date of an
order of the commission requiring such action or compliance or if a
person wilfully fails to comply with any rule or order issued by the
commission under this section within the 30-day period following
the effective date of the order, the person is liable for a penalty
of not more than $1,000 a day for each day the person continues to
violate this section. The state may recover the penalty by suit
brought for that purpose in a district court of Travis County.
(d) If the commission determines that the existing
condition of a levee is creating or will cause extensive or severe
property damage or economic loss to others or is posing an immediate
and serious threat to human life or health and that other procedures
available to the commission to remedy or prevent such property
damage or economic loss will result in unreasonable delay, the
commission may issue an emergency order, either mandatory or
prohibitory in nature, directing the owner of the levee to repair,
modify, maintain, dewater, or remove the levee which the commission
determines is unsafe. The emergency order may be issued without
notice to the levee owner or with notice the commission considers
practicable under the circumstances.
(e) If the commission issues an emergency order under
authority of this section without notice to the levee owner, the
commission shall fix a time and place for a hearing, to be held as
soon as practicable but not later than 20 days after the emergency
order is authorized, to affirm, modify, or set aside the emergency
order. If the nature of the commission's action requires further
proceedings, those proceedings shall be conducted, as appropriate,
under Chapter 2001, Government Code.
(f) Nothing in this section or in rules or orders adopted by
the commission shall be construed to relieve an owner or operator of
a levee of the legal duties, obligations, or liabilities incident
to ownership or operation.
(g) Any person who violates any provision of Subsection (a)
of this section is guilty of a Class C misdemeanor and upon
conviction is punishable by a fine of not more than $1,000. A
separate offense is committed each day a structure constructed in
violation of this section is maintained.
(h) Subsection (a) of this section does not apply to:
(1) any dam, reservoir, or canal system associated
with a water right issued or recognized by the commission;
(2) dams authorized by Section 11.142 of this code;
(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 (Title 42, U.S.C., Sections 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 the State Soil Conservation
Law, as amended (Article 165a-4, Vernon's Texas Civil Statutes),
provided that the governing board 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.
(i) On projects located within the corporate limits of a
city or town or within the boundaries of any political subdivision
which are exempt from the provisions of Subsection (a) of this
section by Subdivision (3) or (4) of Subsection (h) of this section,
any person whose property is located outside of the corporate
limits of such city or town or of the boundaries of such a political
subdivision and whose property is affected or potentially affected
by the effect of the project on the floodwaters of the stream may
appeal the decision of such political subdivision. The appeal
shall be in writing and shall specify the grounds therefor and a
copy shall be sent by certified mail to the project applicant and to
the city or town or such political subdivision. The timely filing
of such an appeal with the executive director suspends the decision
of the city or town or political subdivision until a final decision
is rendered by the commission. The executive director shall review
the complaint and investigate the facts surrounding the nature of
the complaint. If the executive director finds that the complaint
is frivolous or nonmeritorious or made solely for purposes of
harassment or delay, then he shall dismiss the appeal. Otherwise,
the executive director shall refer the appeal to the commission
which shall after due notice hold a hearing to determine whether the
project should be approved using the standards established by the
commission and shall hear such appeal de novo under the procedural
rules established by the commission for other reclamation projects.
Formerly § 16.238, amended by Acts 1977, 65th Leg., p. 2207, ch.
870, § 1, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1375, ch.
615, § 1, eff. Aug. 27, 1979. Renumbered by Acts 1981, 67th
Leg., p. 3156, ch. 828, § 8, eff. June 17, 1981. Amended by Acts
1985, 69th Leg., ch. 795, § 1.050, eff. Sept. 1, 1985; Acts
1997, 75th Leg., ch. 1010, § 3.05, eff. Sept. 1, 1997.
§ 16.237. ADMINISTRATIVE PENALTY; CIVIL
REMEDY. (a) If a person violates a commission rule or order
adopted under Section 16.236 of this code, the commission may
assess an administrative penalty against that person as provided by
Section 11.0842 of this code.
(b) Nothing in this chapter affects the right of any private
corporation, individual, or political subdivision that has a
justiciable interest in pursuing any available common-law remedy to
enforce a right or to prevent or seek redress or compensation for
the violation of a right or otherwise redress an injury.
Added by Acts 1997, 75th Leg., ch. 1010, § 3.06, eff. Sept. 1,
1997.
SUBCHAPTER H. NAVIGATION FACILITIES
§ 16.271. IMPROVEMENT OF STREAMS AND CANALS AND
CONSTRUCTION OF FACILITIES WITHIN CYPRESS CREEK DRAINAGE
BASIN. The board may improve streams and canals and construct all
waterways and other facilities necessary to provide for navigation
within the Cypress Creek drainage basin which is located in the
northeast portion of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.272. LONG-TERM CONTRACTS WITH THE UNITED
STATES. The board may execute long-term contracts with the United
States or any of its agencies for the acquisition and development of
improvements and facilities under Section 16.271 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.273. TEMPORARY AUTHORITY TO ACT FOR DISTRICT. The
board may act in behalf of a local district or districts until they
can take over the project or projects in accordance with the board's
agreement with the district or districts in acting as the sponsor.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
SUBCHAPTER I. FLOOD INSURANCE
§ 16.311. SHORT TITLE. This subchapter may be cited as
the Flood Control and Insurance Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977.
§ 16.312. PURPOSE. The State of Texas recognizes the
personal hardships and economic distress caused by flood disasters
since it has become uneconomic for the private insurance industry
alone to make flood insurance availa
