Res 1992-155 - Laserfiche WebLink

Home Browse Search

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS 36'C- Section 27.006. AUTHORITY OF COMMISSION. The commission shall adopt rules that are reasonable and necessary to carry out the purposes of this chapter. Section 27.007. DIRECTOR'S AUTHORITY. The director shall carry out the responsibilities provided by this chapter in accordance with rules adopted by the commission. Section 27.008. PERSONNEL AND FUNDING. (a) Subject to available funds, the director may employ or contract with any person to assist the director in carrying out the purposes of this chapter. . (b) Funding may be supplemented by grants, private donations, and technical assistance from other sources as may be available. The department as the lead agency shall administer funding. Section 27.009. PROHIBITED USES; IMPOUNDMENT AND DIVERSION. (a) except as otherwise provided by this section, channelization, channel realignment, and reservoir construction are prohibited within the state-owned river channel of the San Marcos River. (b) This section does not prohibit the construction, maintenance, or operation of a structure or equipment necessary for a water diversion authorized by the Texas Water Commission if that diversion does not result in channelization or channel realignment of the main channel of the San Marcos River. (c) An impoundment of water sufficient to meet pumping needs may be constructed on the San Marcos River if: ~ (1) the Texas Water Commission authorizes the impoundment after determining that the impoundment is necessary to meet an important public need; (2) the Texas Water Commission finds that any structure built for the impoundment will meet the requirements of Subsection (d) of this Section; (3) such an impoundment is entirely contained within the river channel. (d) Any structure constructed for the impoundment or diversion of water shall be designed and constructed to minimize, to the greatest extent reasonably practicable, impediments to navigation. (e) This Section does not prohibit the maintenance or replacement of an impoundment or diversion structure that exists in or on the San Marcos River on September 1, 1993. (f) This Section does not prohibit desiltation practices directed at the restoration or mç¡intenance of the natural streambed. Section 27.010. OTHER AGENCIES NOT AFFECTED. Except as provided by Sections 27.004, 27.005, and 27.009 of this code, this chapter does not affect the powers of a state agency that has jurisdiction over the San Marcos River. Each state agency shall cooperate with the department in carrying out the purposes of this chapter. Section 27.011. PIPELINES. (a) Except as provided by Subsections (b) and (c) of this section, the property right of the holder of a valid easement or right-of-way grant for the construction, operation, maintenance, relocation, or removal of a pipeline within the San Marcos River is not affected by this chapter. (b) Any pipeline construction, operation, maintenance, relocation and/or removal shall be conducted in a manner to minimize adverse effects to the environment.