HBA-SEP, BSM H.B. 1784 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1784 By: Cook Natural Resources 77/19/2001 Enrolled BACKGROUND AND PURPOSE Texas faces a difficult challenge to develop water policies that serve both state and regional interests. The Texas Constitution authorizes the creation of groundwater districts to plan, develop, and regulate the use of water. The Brazos Valley Groundwater Conservation District, the Milam Burleson Groundwater Conservation District, and the Leon, Madison, and Freestone Groundwater Conservation District, will serve local needs within a region, but predicates the need to develop a regional authority that can coordinate local, regional, and state interests. House Bill 1784 creates the Central Carrizo-Wilcox Coordinating Council to plan, develop, and regulate the use of water in these new groundwater districts. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Brazos Valley Groundwater Conservation District House Bill 1784 amends law to ratify the creation of the Brazos Valley Groundwater Conservation District in Robertson and Brazos counties, subject to voter approval at a confirmation election (Sec. 2.01). The bill authorizes the district to issue bonds and notes up to $500,000 of total indebtedness at any time (Sec. 2.05). The bill authorizes the board of directors of the district by rule to impose fees on each well for which a permit is issued by the district and which is not exempt from regulation by the district. The bill sets forth provisions regarding how the fee is to be based and prohibits the initial fee from exceeding 25 cents per acre foot for water used for irrigating agricultural crops or operating existing steam electric stations, or .0425 cents per thousand gallons for water used for any other purpose (Sec. 2.06). The bill also sets forth provisions regarding regional coordination and groundwater wells under jurisdiction of the Railroad Commission of Texas (railroad commission) (Secs 2.07 and 2.08). H.B. 1784 requires the district to develop a management plan and submit it to the council (Sec. 2.09). The bill provides that the district is governed by a board of eight directors and sets forth provisions regarding the composition and administration of the board and the appointment, qualification, and terms of the directors (Secs. 2.10-2.12). The bill sets forth provisions regarding an election to confirm establishment of the district (Sec. 2.13). Post Oak Savannah Groundwater Conservation District House Bill 1784 creates the Post Oak Savannah Groundwater Conservation District in Milam and Burleson counties, subject to voter approval at a confirmation election (Sec. 3.01). The bill authorizes the board of directors of the district by rule to impose fees on each well for which a permit is issued by the district and that is not exempt from regulation by the district. The bill sets forth provisions regarding how the fee is to be based and prohibits the initial fee from exceeding 25 cents per acre foot for water used for irrigating agricultural crops, or 17 cents per thousand gallons for water used for any other purpose (Sec. 3.06). The bill also sets forth provisions regarding regional coordination and groundwater wells under jurisdiction of the railroad commission (Secs 3.07 and 3.08). H.B. 1784 requires the district to develop a management plan and submit it to the council (Sec. 3.09). The bill provides that the district is governed by a board of 10 directors and sets forth provisions regarding the composition and administration of the board and the appointment, qualification, and terms of the directors (Secs. 3.10-3.12). The bill sets forth provisions regarding an election to confirm establishment of the district (Sec. 3.13). Mid-East Texas Groundwater Conservation District House Bill 1784 creates the Mid-East Texas Groundwater Conservation District in Leon, Madison, and Freestone counties, subject to voter approval at a confirmation election (Sec. 4.01). The bill authorizes the board of directors of the district, by rule, to impose fees on each well for which a permit is issued by the district and that is not exempt from regulation by the district. The bill sets forth provisions regarding how the fee is to be based and prohibits the initial fee from exceeding 25 cents per acre foot for water used for irrigating agricultural crops, or 17 cents per thousand gallons for water used for any other purpose (Sec. 4.06). The bill also sets forth provisions regarding regional coordination and groundwater wells under jurisdiction of the railroad commission (Secs. 4.07-4.08). H.B. 1784 requires the district to develop a management plan and submit it to the council (Secs. 4.09). The bill provides that the district is governed by a board of nine directors and sets forth provisions regarding the composition and administration of the board and the appointment, qualification, and terms of the directors (Sec. 4.10-4.12). The bill sets forth provisions regarding an election to confirm establishment of the district (Sec. 4.13). Central Carrizo-Wilcox Coordinating Council House Bill 1784 creates the Central Carrizo-Wilcox Coordinating Council (council) only if at the first annual coordination meeting held, all of the groundwater districts created and/or existing in Bastrop, Lee, Robertson, Brazos, Milam, Burleson, Leon, Madison, and/or Freestone counties unanimously vote to create and be members of the council (SECTION 5.01). The bill requires the council to coordinate and maintain a management plan for the council's coordinating area, collect and maintain data required for management of groundwater resources within its boundaries, coordinate the districts regarding management plan issues, and disseminate information and monitor implementation of the management plan among the districts. The council is authorized in the management plan to establish an annual total groundwater withdrawal limit and equitable allocation for each district as determined from an evaluation of scientific data of the groundwater resources in the region. The bill sets forth provisions regarding an annual total groundwater withdrawal limit and the comprehensive management plan (SECTION 5.06). The bill sets forth provisions regarding composition and the management of the council, council meetings, and requirements for keeping records (SECTIONS 5.07- 5.09, and 5.16). The bill requires the districts to fund the council by reasonably assessing the owners of water wells in the Carrizo-Wilcox aquifer that are capable of producing more than 25,000 gallons of water a day in proportion to the total amount of water pumped from the aquifer. The bill also sets forth provisions regarding spending and additional funding of the council (SECTION 5.11). The bill sets forth provisions regarding district coordination, including coordination with the Bluebonnet Groundwater Conservation District (SECTIONS 5.14, 5.15, And 5.17). EFFECTIVE DATE September 1, 2001.