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Senate Bill 3 |
Senate Author: Averitt |
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Effective: See below |
House Sponsor: Puente |
Senate Bill 3, an omnibus water bill, incorporates substantially the same provisions as House Bill 3 relating to environmental flows and the Edwards Aquifer Authority, and provisions relating to water conservation and water management that are very similar to those of House Bill 4, as well as a number of additional provisions relating to the development, management, and preservation of state water resources.
Among the additional provisions, Senate Bill 3 amends the Water Code to designate river or stream segment sites recommended by the 2007 state water plan to be of unique ecological value and to designate reservoir sites recommended by that plan to be of unique value for the construction of a reservoir. A reservoir designation expires on September 1, 2015, unless a proposed project sponsor takes steps to make associated expenditures necessary for reservoir construction or to file associated applications for federal or state permits. Other reservoir provisions enable certain agricultural operations and certain utility service actions by political subdivisions to proceed, for the time being, within a designated reservoir site. Provisions that are applicable only to the proposed Marvin Nichols and Lake Fastrill reservoirs require at least one-fifth of associated water rights to be held by entities in the water planning region where the reservoir is located, and provide that if more than half the water is authorized for appropriation by entities elsewhere, those entities are responsible for reservoir costs until water diversions to the reservoir's own region begin.
The bill includes provisions to expedite the post-approval amendment of regional water plans, provided that specified criteria are met. It abolishes the Texas Water Advisory Council and repeals authority for a water import entity that never materialized. The bill requires the Texas Water Development Board (TWDB), in considering applications for certain types of funding assistance, to give priority to funding for the implementation of water supply projects in the state water plan by entities that have already demonstrated significant water conservation savings or that will achieve significant savings via the projects. Other Water Code provisions of the bill relate to granting to municipalities certificates of convenience and necessity outside their extraterritorial jurisdictions, public participation in groundwater management in areas without a groundwater conservation district, groundwater permitting from certain wells in the Hill Country Groundwater Management Area, Lower Rio Grande water rights conversions from irrigation to municipal uses, a grace period to meet funding prerequisites in certain economically distressed areas, political subdivision powers under the National Flood Insurance Program, state mapping activities, water district and water supply corporation easements to facilitate renewable and clean coal energy projects and carbon sequestration activities, water district fee differentiation by customer class, water utility rate adjustments to reflect changes in energy costs, and contracts for consolidated billing of water and sewer services.
Senate Bill 3 establishes a Study Commission on Region C Water Supply, consisting of three members appointed by the Region C Regional Water Planning Group and three members appointed by the Region D Regional Water Planning Group. The bill requires the Brazos River Authority and the Lower Colorado River Authority to conduct a joint study of the economic development role of Lake Somerville, and requires the TWDB and the Region E Regional Water Planning Group to conduct a study of the possible impact of climate change on Rio Grande surface water supplies. It also creates a legislative joint interim committee to consider matters such as water infrastructure and water-related funding.
The bill amends the Education Code to create a Sustainable Water Supply Research Center at The University of Texas at Arlington. Amendments to the Local Government Code concern water-sewer cooperation between water service providers and certain municipalities, and the exemption of private institutions of higher education from certain water infrastructure fees.
The bill amends the Special District Local Laws Code to create the Tablerock Groundwater Conservation District and the True Ranch Municipal Utility District No. 1 in Coryell and Hays Counties, respectively, subject in each case to voter approval at a confirmation election. Other amendments to that code change the name of the La Joya Special Utility District to the Agua Special Utility District and address matters relating to its boundaries and governance. The bill amends the enabling law of the Culberson County Groundwater Conservation District to extend its boundaries to the entire county, subject to ratification by voters in the territory to be annexed.
Provisions relating to the river or stream segment and reservoir site designations, the proposed Marvin Nichols and Lake Fastrill reservoirs, the Region C study, the Edwards Aquifer Authority, the True Ranch Municipal Utility District No. 1, and the Agua Special Utility District take effect June 16, 2007. Certain provisions relating to the State Energy Conservation Office take effect September 1, 2009. The rest of Senate Bill 3 takes effect September 1, 2007.