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