Water-Stewardship, Another Ag use Being Proposed?

Water Droplet

The legislature proposed some interesting changes and amendments to the Texas Constitution and Property Tax Code.

Senate Joint Resolution 16 has been proposed to amend the Texas Constitution Article VIII, Section 1-d-1 subsection (a) to add water stewardship to the list of land uses that qualify for appraisal based on the land’s productive capacity under open-space land.

What I’ll be addressing is agricultural use methods and procedures outlined in the Texas Property Tax Code, Chapter 23 titled “Appraisal Methods and Procedures.”

The subject of “water stewardship was voted on in the Ways and Means Commitee. There were 10 ayes and 0 nays with one absent.

A piece of legislation in Senate Bill 449 amends subsection 2 of the code and creates Section 23.5215. It amends the term “agricultural use” includes water stewardship for the purpose of open-space land appraisal.

Now before I press-on here, I want to make it clear to the readership that my comments are NOT self-serving.

As I have been reporting for the good part of a year now that there are abuses being perpetrated on Texas landowners by some county appraisal districts. Adding another valuation methodology without CONCISE how to’s, will / can create problems for the landowners wanting to implement this new valuation method.

PLEASE GO HERE FOR THE BILL ANALYSIS.

I see some big issues with what is being proposed and from my experience in dealing with abusive County Appraisal Districts this will open up yet another HUGE Pandora’s box of problems and challenges for Texas landowners.

Click here to download the new bill which in Nov 2011 has to be approved by the voters of Texas.

On the surface “water stewardship” has a great sound, especially since we are in a severe drought. But one needs to step back and look at what is in the bill and how “water stewardship” is going to be “qualified”. There will be 9 ways available to validate this new ag use.

The section noted below has me concerned and NO I am not paranoid. Simply put, if this method is choosen by a Texas landowner and there are no specific how to’s spelled out yet.

Tax Code 23.51 subsection (9)(F): Allowance of groundwater and surface water monitoring for data collection purposes in accordance with state water planning or groundwater management area planning.

As a real estate broker and a property rights advocate the section that allows for “MONITORING” of groundwater and surface water makes me very nervous. The following is a list of HOLES as I see it, just in this section of the bill. Will they filled BEFORE the voters adopt it?

Who comes out to the landowner’s property (what entities) to conduct the “monitoring”?
How often do they monitor?
Will this section be used as a requirement for qualification under “water stewardship’, even though it is listed as a “way” to validate ag use? I know what the proposed law reads BUT………………………

The proposed section to be amended: 23.5215 STANDARDS FOR QUALIFICATION OF LAND FOR APPRAISAL BASED ON WATER-STEWARDSHIP USE, indicates that several entities will be responsible for developing the standards for this ag use.

Texas Parks and Wildlife with the assistance of the Comptroller
Texas Agrilife Extension Service
Comptroller will designate one chief appraser from a rural and urban area of the state to assist in development of the standards.