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AN ACT
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relating to the calculation of current market value of certain |
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water rights by the Rio Grande Regional Water Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.509, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Subject to Subsection (d), the [The] Rio Grande Regional |
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Water Authority annually at its January meeting shall calculate the |
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current market value by using the average price per acre-foot of |
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municipal use water after conversion from irrigation use water to |
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municipal use water with a municipal priority of allocation under |
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commission rules of the last three purchases involving: |
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(1) a municipal water supplier; |
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(2) a party other than a municipal water supplier; and |
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(3) at least 100 acre-feet of municipal use water, |
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with municipal priority of allocation. |
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(d) For purposes of this subsection, "outer boundaries of a |
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district" means a district's boundaries without considering any |
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exclusion of land from inside the district. The Rio Grande Regional |
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Water Authority shall exclude from the calculation of current |
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market value under Subsection (a) any sale between a municipal |
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water supplier and a district if any territory inside the outer |
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boundaries of the district is: |
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(1) subject to the municipal water supplier's |
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certificate of convenience and necessity; or |
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(2) in the corporate limits of the municipality served |
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by the municipal water supplier, if the municipal water supplier |
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does not hold a certificate of convenience and necessity. |
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SECTION 2. The change in law made by this Act applies only |
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to a calculation of current market value of certain water rights |
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made by the Rio Grande Regional Water Authority on or after the |
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effective date of this Act. A calculation of current market value |
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that is made before the effective date of this Act is governed by |
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the law in effect when the calculation was made, and the former law |
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continues in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2208 was passed by the House on March |
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31, 2009, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2208 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |