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Texas Water Code - Chapter 16 Provisions Generally Applicable To Water DevelopmentLegal Research Home > Texas Laws > Water Code > Texas Water Code - Chapter 16 Provisions Generally Applicable To Water Development 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 ... 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 ... 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 ... (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 ... (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 ... 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 executive administrator shall determine the silt load of streams, make investigations and studies of the duty of water, and make surveys to determine the ... 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 ... 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 ... 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. ... 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 ... 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 ... 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 ... (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 ... (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 ... (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, ... (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 ... (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 ... (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 ... (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 ... 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 ... (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) The Parks and Wildlife Department, the commission, and the board, in cooperation with other appropriate governmental agencies, shall jointly establish and continuously maintain an ... (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 ... 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 ... (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 ... (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 ... 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, ... 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 ... 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 ... (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 ... 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 ... (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 ... 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 ... 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 ... 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 ... (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, ... 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 ... 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. ... 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 ... 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 ... (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. ... (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 ... 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 ... 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 ... 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 ... 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 ... (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 ... (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 ... (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 ... 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 ... 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 ... (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 ... (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 ... 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. ... (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 ... (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 ... 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 ... 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 ... 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 may provide for contribution by the lessee to units of local government of amounts equivalent to ad valorem taxes or special assessments. Amended ... 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 ... 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. ... 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 executive director shall confer with districts requesting technical advice on the adequate execution of proposed levee and drainage improvements. Formerly § 16.236, amended by ... 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 ... (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, ... (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 ... 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 ... 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 ... 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 ... This subchapter may be cited as the Flood Control and Insurance Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. ... 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 ... In this subchapter: (1) "Political subdivision" means any political subdivision or body politic and corporate of the State of Texas and includes any county, river ... In recognition of the necessity for a coordinated effort at all levels of government, the commission shall cooperate with the Federal Emergency Management Agency in ... The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to ... All political subdivisions are hereby authorized to take all necessary and reasonable actions to comply with the requirements and criteria of the National Flood Insurance ... (a) The commission shall aid, advise, and coordinate the efforts of present and future political subdivisions endeavoring to qualify for participation in the National Flood ... Pursuant to the National Flood Insurance Program, the Texas Department of Insurance shall aid, advise, and cooperate with political subdivisions, the commission, and the Federal ... Political subdivisions which qualify for the National Flood Insurance Program, the Texas Department of Insurance, and the commission may adopt and promulgate reasonable rules which ... Political subdivisions wishing to qualify under the National Flood Insurance Program shall have the authority to do so by complying with the directions of the ... The Commissioner of the General Land Office is authorized to perform all acts necessary to develop and implement a program for certification of structures subject ... The Commissioner of the General Land Office shall adopt and enforce reasonable rules and regulations necessary for protection from flooding on barrier islands, peninsulas, and ... A person who violates this subchapter or a rule adopted or order issued under this subchapter is subject to a civil penalty of not more ... (a) A person commits an offense if the person violates this subchapter. (b) An offense under this section is a Class C misdemeanor. (c) Each ... (a) If it appears that a person has violated, is violating, or is threatening to violate this subchapter or a rule adopted or order issued ... The commissioners court of a county may set a reasonable fee for the county's issuance of a permit authorized by this subchapter for which a ... In this subchapter: Text of section as amended by Acts 2005, 79th Leg., ch. 708, § 15. (1) "Affected county" means a county: (A) that ... (a) The board shall adopt rules that are necessary to carry out the program provided by Subchapter K, Chapter 17, of this code and rules: ... (a) The board shall, after consultation with the attorney general and the commission, prepare and adopt model rules to assure that minimum standards for safe ... (a) The board shall monitor the performance of a political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code to ensure ... (a) A political subdivision may exercise any authority necessary to participate in a program under Section 15.407 of this code or Subchapter K, Chapter 17, ... (a) In connection with an application under Subchapter K, Chapter 17, of this code, the board may consider and make any necessary investigations and inquiries ... (a) In this section: (1) "Distressed areas water financing fee" means a fee imposed by a political subdivision on undeveloped property. (2) "Undeveloped property" means ... (a) Before a political subdivision may set the amount of or impose a fee under Section 16.347 of this code, the political subdivision shall hold ... (a) A political subdivision that receives financial assistance may charge persons in an economically distressed area in which water supply and sewer services are furnished ... (a) A county or municipality that applies for or receives funds or financial assistance under Section 15.407 of this code or Subchapter K, Chapter 17, ... A political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code shall give preference in the award of political subdivision contracts ... A person who violates a rule adopted by a municipality or county under this subchapter or under Subchapter B or C, Chapter 232, Local Government ... (a) In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or ... In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or the ... In addition to the ability of any political subdivision to enforce this subchapter, the attorney general may file suit to: (1) enforce a rule adopted ... A suit brought under this subchapter for injunctive relief or the recovery of a civil penalty or damages may be brought in a district court ... A political subdivision may construct, contract for construction, operate, or contract with any person for operation of any water supply or sewer services or facilities ... (a) A political subdivision that receives financial assistance from the economically distressed areas program under Subchapter K, Chapter 17, may not use any revenue received ... Last modified: August 11, 2007 |
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