Texas Register, Volume 27, Number 5, Pages 657-828, February 1, 2002 Page: 759
657-828 p. ; 28 cm.View a full description of this periodical.
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CHAPTER 303. OPERATION OF THE RIO
GRANDE
SUBCHAPTER H. FINANCING RIO GRANDE
WATERMASTER OPERATION
30 TAC 303.71
The Texas Natural Resource Conservation Commission (com-
mission) adopts an amendment to Subchapter H, Financing Rio
Grande Watermaster Operation; 303.71, Costs of Administra-
tion. This adoption is being made concurrently with amendments
to Chapters 220 and 304. Section 303.71 is adopted without
changes to the proposed text as published in the September 7,
2001 issue of the Texas Register (26 TexReg 6853) and will not
be republished.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS
FOR THE ADOPTED RULE
Chapter 303 implements water rights and the duties and respon-
sibilities of watermaster operations in portions of the Rio Grande
Basin and the Nueces - Rio Grande Basin. Under Texas Wa-
ter Code (TWC), 11.329, holders of water rights that are ad-
ministered by a watermaster shall reimburse the commission for
the expense of watermaster operations. This amendment imple-
ments Senate Bill (SB) 289 of the 77th Legislature, 2001, which
amends TWC, 11.329, to provide that the watermaster shall not
assess fees against a holder of hydroelectric rights that own or
operate privately- owned facilities that collectively have a capac-
ity of less than two megawatts. This will be a change from the ex-
isting rules, which provide that watermaster costs shall be estab-
lished for each water right holder for each water right authorized
by category of use. Subchapter H establishes the procedures
for establishing accounts; commission approval of assessments
and budget; and assessment of costs of watermaster operations.
The existing rule provides that costs shall be established for each
water right holder for each water right authorization by category
of use. This amendment to 303.71 specifies that the commis-
sion may not assess costs against a holder of a non-priority hy-
droelectric right that owns or operates privately-owned facilities
that collectively have a capacity of less than two megawatts.
SECTION DISCUSSION
Section 303.71 is amended to add the provision that the com-
mission may not assess costs against a holder of a non-priority
hydroelectric right that owns or operates privately-owned facili-
ties that collectively have a capacity of less than two megawatts.
This amendment implements SB 289, and deletes an obsolete
requirement.
FINAL REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the rulemaking in light of the reg-
ulatory analysis requirements of Texas Government Code,
2001.0225 and determined that the rulemaking is not subject
to 2001.0225 because it does not meet the definition of a
"major environmental rule" as defined in that statute because
the specific intent of this amendment is not to protect the envi-
ronment or reduce risks to human health from environmental
exposure. The intent of the amendment is to exempt small
privately-owned hydroelectric facilities from paying watermaster
fees.
TAKINGS IMPACT ASSESSMENTThe commission evaluated this rule and performed an assess-
ment of whether Texas Government Code, Chapter 2007 is ap-
plicable. The specific purpose of the rulemaking action is to im-
plement legislation which changes who may be assessed fees
for a watermaster. This rulemaking substantially advances this
purpose by amending 303.71 of the Rio Grande watermaster
rules to provide that a watermaster may not assess fees against
small privately-owned hydroelectric facilities.
The commission's assessment indicates that Texas Government
Code, Chapter 2007, does not apply to this adopted rule because
this rule amendment does not affect any private real property
that is the subject of this rulemaking in a manner that restricts or
limits the owner's right to the property that would otherwise exist
in the absence of the governmental action. This rulemaking only
relates to fees charged for the services of a watermaster.
CONSISTENCY WITH THE COASTAL MANAGEMENT PRO-
GRAM
The commission has reviewed the adopted rulemaking and
found that the rules are neither identified in Coastal Coordination
Act Implementation Rules, 31 TAC 505.11, relating to Actions
and Rules Subject to the Texas Coastal Management Program
(CMP), nor will they affect any action or authorization identified
in Coastal Coordination Act Implementation Rules, 31 TAC
505.11. Therefore, the adoption is not subject to the CMP.
HEARING AND COMMENTERS
A public hearing was held on this rulemaking on October 4, 2001
in San Antonio. No oral comments were received at the hearing,
and no written comments were received on the proposed rule
amendment.
STATUTORY AUTHORITY
The amendment is adopted under TWC, 5.103, which provides
the commission authority to adopt any rules necessary to carry
out its powers and duties under this code and other laws of this
state and to adopt rules when adopting, repealing, or amending
any agency statement of general applicability that interprets or
prescribes law or policy, or describes the procedure or practice
requirements of an agency; 5.105, which authorizes the com-
mission to establish and approve all general policy of the com-
mission by rule; and 26.0135, which requires assessments of
fees against water right holders and wastewater permit holders
to pay for the administrative costs of periodic monitoring and as-
sessment of water quality conditions in each watershed and river
basin in the state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 17,
2002.
TRD-200200247
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: February 6, 2002
Proposal publication date: September 7, 2001
For further information, please call: (512) 239-4712February 1, 2002 27 TexReg 759
ADOPTED RULES
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Texas. Secretary of State. Texas Register, Volume 27, Number 5, Pages 657-828, February 1, 2002, periodical, February 1, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113988/m1/100/: accessed May 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.