Tenth Annual Changing Force of Water Rights

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Tenth Annual Changing Force of Water Rights LEGISLATIVE UPDATE 2010 BRUCE WASINGER General Counsel Guadalupe-Blanco River Authority 933 East Court Street Seguin, Texas 78155 830-379-5822 [email protected] State Bar of Texas 11TH ANNUAL CHANGING FACE OF WATER RIGHTS COURSE April 8-9, 2010 Austin CHAPTER 4 Bruce Wasinger General Counsel Guadalupe-Blanco River Authority Work Experience: General Counsel - Guadalupe-Blanco River Authority, 2008 - present Partner – Bickerstaff Heath Delgado Acosta, 1999 – 2008 Associate General Counsel – Lower Colorado River Authority, 1982 – 1999 Staff Attorney – Texas Department of Water Resources, 1980 - 1982 Staff Attorney – Kansas Department of Revenue, 1979 - 1980 Assistant Attorney General, Office of the Attorney General of Kansas, 1977-1979 Education: J.D., Washburn Law School (Kansas 1977) B.A., Political Science, Fort Hays State University (Kansas 1974) Professional Licenses: Supreme Court of Texas, 1981 Supreme Court of Kansas, 1977 United States Court of Appeals for the Tenth Circuit, 1978 United States District Court for the District of Kansas, 1977 United States District Court for the Western District of Texas, 1984 Supreme Court of the United States, 2008 Law Related Publications: Co-Author of “Governmental Immunity: Despotic Mantle or Creature of Necessity,” 16 Washburn Law Journal 12 (1976). Author of “Evolution of a Water Rights Adjudication Settlement” State Bar of Texas, Environmental Law Journal, Vol. 19, No. 3, Winter 1989 (Part 1); Vol. 20, No. 1, Summer 1989 (Part 2). Author of “The Trans-Texas Water Program; Coordinating Competing Demands and Limited Supplies,” Fourth Annual Conference on Texas Water Law, November 4-5, 1994. Author of “”Managing Water Rights During Drought Conditions: The Water User’s Perspective,” Sixth Annual Conference on Texas Water Law, December 12-13, 1996. Co-Author of “Interbasin Transfers – A Problem Resolved? Basin of Origin Protection,” Texas Water Law Institute, October 23 - 24, 1997. Author of “Groundwater (Background and Recent Cases),” Texas Water Law Institute, September 30, 1999 – October 1, 1999. Author of “Current Issues in Texas Water Law: Interbasin Transfers of Surface Water After Senate Bill 1,” CLE International – Texas Water Law, May 4 - 5, 2000. Author of “Groundwater Districts – A New Day in Texas, “The Changing Face of Water Rights in Texas,” State Bar of Texas, February 1 - 2, 2001. Author of “Water Right Glossary,” ibid. Co-Author of “Texas Water Law Glossary,” The Changing Face of Water Rights in Texas 2004, February 26 - 27, 2004. Author of “Surface Water Conveyance (Sale and Lease) Municipality/Developer Perspective,” 6th Annual Changing Face of Water Rights in Texas, State Bar of Texas, February 10 – 11, 2005. Co-Author of “Texas Water Law Glossary,” ibid. February 10 -11, 2005. Author of “Open Range: The Square-Off Between Utilities and Landowners in the Turf Battle Over Certificated Service Area (“CCN”) 7th Annual Changing Face of Water Rights in Texas, State Bar of Texas May 18 – 19, 2006. Co-Author of “Texas Water Law Glossary,” The 8th Annual Changing Face of Water Rights in Texas, State Bar of Texas, June 28 – 29, 2007. Author of “CCN’s 101: Who’s Your Water Daddy,” Nuts & Bolts of Water Rights, 2008 State Bar of Texas, May 7, 2008. Author of “TCEQ Water Rights Developments,” Texas Water Law, CLE International, September 18-19, 2008. Author of “Legislative Update” – Tenth Annual Changing Face of Water Rights in Texas, State Bar of Texas, April, 2-3, 2009. Author of “TCEQ Water Rights Developments,” Texas Water Law, CLE International, September 14-15, 2009. Legislative Update 2010 Chapter 4 TABLE OF CONTENTS INTRODUCTION. ................................................................................................................................................... 1 SURFACE WATER RIGHTS ................................................................................................................................... 1 RIVER AUTHORITIES/ WATER DISTRICTS ........................................................................................................ 1 GROUNDWATER CONSERVATION DISTRICTS / GROUNDWATER................................................................ 2 CARRIZO-WILCOX AQUIFER STUDY ................................................................................................................. 4 EMINENT DOMAIN (CONDEMNATION) ............................................................................................................. 4 GENERAL ............................................................................................................................................................... 5 INTERIM CHARGES TO THE 81ST LEGISLATURE .............................................................................................. 5 RECENT DEVELOPMENTS ................................................................................................................................... 7 i Legislative Update 2010 Chapter 4 LEGISLATIVE UPDATE 2010 HB 4231 by Chairman Ritter – Relating to the conveyance or transfer in this state of water INTRODUCTION. imported into this state from a source located outside this state. For the purpose of this paper I have designated the following five (5) subject matter categories for bills Amends Chapter 11, Texas Water Code, to allow the that relate to the Changing Face of Water Rights: use of the bed and banks of rivers and streams in Texas to convey water from outside the state to place of Surface Water Rights storage and/or place of use inside the state. Also River Authorities/Water Districts provides that such a transfer is not subject to the full interbasin transfer requirements found in Section Groundwater Conservation Districts / 11.085, Texas Water Code. Groundwater Eminent Domain (Condemnation) RIVER AUTHORITIES/ WATER DISTRICTS General HB 2171 by Darby – Relating to the abolishment of In addition to addressing the various bills that passed the Lower Concho River Water and Soil during the 81st Legislative Session, this paper also Conservation Authority. SB 1260 by Duncan was addresses both the Senate and House Interim changes, identical. especially those to the Senate and House Committees on Natural Resources. The Authority created in 1939 is abolished and any assets of the Authority escheat to the State. SURFACE WATER RIGHTS HB 2620 by Frost – Relating to the creation, HB 2666 by Chairman Ritter – Relating to the administration, power, duties and operation of the authority of the Lower Neches Valley Authority to Riverbend Water Resources District. SB 1223 by acquire, own, operate, maintain, and improve the Eltife was identical. Devers Canal System, its water rights and associated property. The district is a conservation and reclamation district composed of the following members: City of Annona; Authorizes the Lower Neches Valley Authority to own, City of Avery; City of DeKalb; City of Hooks; City of operate, and expand the Devers Canal system in Maud; City of New Boston; City of Texarkana, Texas; Chambers County and Liberty County. City of Wake Village; and the Red River Redevelopment Authority. Have the powers of other Provides that the Chambers-Liberty Counties districts under Chapter 49, Texas Water Code. Navigation District has first rights to enter into contracts to sell water for non-irrigation use in HB 2906 by Kuempel – Relating to the expansion of Chambers County. the boundaries of the Cibolo Creek Municipal Authority. HB 2108 by Hopson – Relating to the deadlines for commencement and completion of the Lake Expands the Authority’s boundaries to coincide with Columbia Reservoir project. SB 1360 by Nichols areas that the Authority provides service. was identical. HB 3269 by Smithee – Relating to the Board of TCEQ is directed without notice and hearing to amend Directors of the Canadian River Municipal Water Permit No. 4228 to remove deadlines for Authority (CRMWA). SB 1040 by Duncan was commencement and completion of construction of the identical. project. A closed meeting of the Board that is authorized under HB 1922 by Martinez, Fischer – Relating to the Chapter 551, Government Code, may include officers authorization of certain reuse water system and employees of constituent cities of the CRMWA. contributions and discharges. Amends Chapter 26, Texas Water Code, to allow an agency of a home rule municipality (SAWS) with a population of one million or more to operate multiple reclaimed water facilities as a reuse water system. 1 Legislative Update 2010 Chapter 4 SB 715 by Shapiro – Relating to the North Texas HB 1475 by Sheffield – Relating to the election of Municipal Water District (NTMWD). HB 1082 by directors of the Clearwater Underground Water Laubenberg was identical. Conservation District. HB 4210 by Sheffield and SB 1755 by Fraser were identical. The enabling act of NTMWD is amended to address bond issuance matters; fees for directors and includes a On the uniform election date in November of even- provision that provides that NTMWD has the numbered years, the appropriate number of directors functions, powers, authority, rights and duties shall be elected. necessary to accomplish the purposes for which NTMWD was created and the purposes authorized by HB 1518 by Corte – Relating to the addition of Section 59, Art. XVI Texas Constitution, this Art or territory to and the amount of production fees any other law. imposed by the Trinity Glen Rose Groundwater Conservation District (TGRGCD). SB 794 by Fraser – Relating to the composition of the board of directors of the Central Colorado
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