By: Sims S.B. No. 504 73R5066 MLR-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to sale of water by the Lower Colorado River Authority. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 2, Chapter 7, Acts of the 43rd 1-5 Legislature, 4th Called Session, 1934, is amended to read as 1-6 follows: 1-7 Sec. 2. Except as expressly limited by this Act, the 1-8 district shall have and is hereby authorized to exercise all 1-9 powers, rights, privileges and functions conferred by general law 1-10 upon any district or districts created pursuant to Section 59 of 1-11 Article 16 of the Constitution of the State of Texas. Without 1-12 limitation of the generality of the foregoing, the district shall 1-13 have and is hereby authorized to exercise the following powers, 1-14 rights, privileges and functions: 1-15 (a) to control, store and preserve, within the 1-16 boundaries of the district, the waters of the Colorado River and 1-17 its tributaries and the lands of the district for any useful 1-18 purpose, and to use, distribute and sell the same, within the 1-19 boundaries of the district, or within the boundaries of the 1-20 watershed that contributes inflow to the Colorado River below the 1-21 intersection of Coleman, Brown, and McCulloch counties, for any 1-22 such purpose; 1-23 (b) to develop and generate water power and electric 1-24 energy within the boundaries of the district and to distribute and 2-1 sell water power and electric energy, within or without the 2-2 boundaries of the district; 2-3 (c) to prevent or aid within the boundaries of the 2-4 district in the prevention of damage to person or property from the 2-5 waters of the Colorado River and its tributaries; 2-6 (d) to forest and reforest and to aid in the foresting 2-7 and reforesting of the watershed area of the Colorado River and its 2-8 tributaries, within the boundaries of the district, and to prevent 2-9 and to aid in the prevention of soil erosion and floods within said 2-10 watershed area; 2-11 (e) to acquire by purchase, lease, gift or in any 2-12 other manner provided by law and to maintain, use and operate any 2-13 and all property of any kind, real, personal or mixed, or any 2-14 interest therein, within or without the boundaries of the district, 2-15 necessary or convenient to the exercise of the powers, rights, 2-16 privileges and functions conferred upon it by this Act; 2-17 (f) to acquire by condemnation any and all property of 2-18 any kind, real, personal or mixed, or any interest therein, within 2-19 or without the boundaries of the district (other than such property 2-20 or any interest therein without the boundaries of the district as 2-21 may at the time be owned by any body politic) necessary or 2-22 convenient to the exercise of the powers, rights, privileges and 2-23 functions conferred upon it by this Act, in the manner provided by 2-24 general law with respect to condemnation or, at the option of the 2-25 district, in the manner provided by the statutes relative to 2-26 condemnation by districts organized under general law pursuant to 2-27 Section 59 of Article 16 of the Constitution of the State of Texas; 3-1 (g) subject to the provisions of this Act from time to 3-2 time to sell or otherwise dispose of any property of any kind, 3-3 real, personal or mixed, or any interest therein, which shall not 3-4 be necessary to the carrying on of the business of the district; 3-5 (h) to overflow and inundate within the boundaries of 3-6 the district any public lands and public property and to require 3-7 the relocation of roads, pipelines, transmission lines, railroads, 3-8 cemeteries and highways in the manner and to the extent permitted 3-9 to districts organized under general law pursuant to Section 59 of 3-10 Article 16 of the Constitution of the State of Texas; 3-11 (i) to construct, extend, improve, maintain and 3-12 reconstruct, to cause to be constructed, extended, improved, 3-13 maintained and reconstructed, and to use and operate, any and all 3-14 facilities of any kind necessary or convenient to the exercise of 3-15 such powers, rights, privileges and functions; 3-16 (j) to sue and be sued in its corporate name; 3-17 (k) to adopt and use a corporate seal; 3-18 (l) to make bylaws for the management and regulation 3-19 of its affairs; 3-20 (m) to appoint officers, agents and employees, to 3-21 prescribe their duties and to fix their compensation; 3-22 (n) to make contracts and to execute instruments 3-23 necessary or convenient to the exercise of the powers, rights, 3-24 privileges and functions conferred upon it by this Act or permitted 3-25 by general law; 3-26 (o) to borrow money for its corporate purposes on 3-27 notes or other written evidence of indebtedness for a period not to 4-1 exceed five years as may be authorized from time to time by an 4-2 affirmative vote of 12 members of the board of directors which 4-3 loans or indebtedness shall be repaid from the proceeds of bonds of 4-4 the district at the next bond offering and, without limitation of 4-5 the generality of the foregoing, to borrow money, accept grants 4-6 from the United States of America, or the State of Texas, or from 4-7 any corporation or agency created or designated by the United 4-8 States of America or the State of Texas, and, in connection with 4-9 any such loans or grants, to enter into such agreements as the 4-10 United States of America, the State of Texas, or such corporation 4-11 or agency may require; and to make and issue its negotiable bonds 4-12 for moneys borrowed, in the manner provided in Section 11. Nothing 4-13 in this Act shall authorize the issuance of any bonds, notes or 4-14 other evidences of indebtedness of the district, except as 4-15 specifically provided in this Act; 4-16 (p) to provide for the study, correcting and control 4-17 of both artificial and natural pollution, including organic, 4-18 inorganic and thermal, of all ground or surface water of the 4-19 Colorado River and its tributaries within the boundaries of the 4-20 district. In this connection, the district is given the power to 4-21 promulgate by ordinance rules and regulations with regard to such 4-22 pollution, both artificial and natural, with the right of policing 4-23 by said district to enforce such rules and regulations and of 4-24 providing reasonable and commensurate penalties for the violation 4-25 of any rules and regulations, which penalties shall be cumulative 4-26 of any penalties fixed by general law in Texas, and not to exceed 4-27 the limit for penalties as fixed elsewhere in this Act. Provided, 5-1 however, that no ordinance enacted pursuant to the powers 5-2 hereinabove given the district by this section shall be promulgated 5-3 in any county or counties outside the existing boundaries of the 5-4 district; 5-5 (q) as a necessary aid to the conservation, control, 5-6 preservation, purification and distribution of surface and ground 5-7 waters of the Colorado River and its tributaries within the 5-8 boundaries of the district, the district shall have the power to 5-9 construct, own, operate, maintain or otherwise provide sewage 5-10 gathering, treatment and disposal services, including waste 5-11 disposal services, and to make contracts in reference thereto with 5-12 the United States, the State of Texas, counties, municipalities, 5-13 and others, and the district shall charge the actual cost of such 5-14 services; 5-15 (r) to develop and manage parks, recreational 5-16 facilities, and natural science laboratories, and to promote the 5-17 preservation of fish and wildlife within the boundaries of the 5-18 district. The district may negotiate contracts with any county, 5-19 municipality, municipal corporation, person, firm, corporation, 5-20 nonprofit organization, or state or federal agency for the 5-21 operation and maintenance of any such park, recreational facility 5-22 or natural science laboratory. The preservation of fish and 5-23 wildlife shall be in accordance with the rules and regulations, if 5-24 any, prescribed by the Parks and Wildlife Commission of the State 5-25 of Texas or its successor. Notwithstanding any other provisions of 5-26 this Act, the board of directors of the district shall have the 5-27 power to charge and collect reasonable entrance, gate, or use fees 6-1 for the development, management and use of parks and recreational 6-2 facilities developed in whole or in part by the district; 6-3 (s) to enter into such agreements as may be legally 6-4 authorized by Chapter 166, Acts of the 63rd Legislature, Regular 6-5 Session, 1973 (Article 1435a, Vernon's Texas Civil Statutes), to 6-6 acquire, install, construct, operate, enlarge and make additions 6-7 to, and own and operate electric power and energy generating 6-8 facilities as provided in said article, in joint ownership with 6-9 others, either as cotenants or under such other arrangements as may 6-10 by a three-fourths vote of the statutory membership of the board be 6-11 approved, and, in accordance with and subject to the terms of such 6-12 agreements, if any, from time to time to sell or otherwise dispose 6-13 of any or all of this interest in such jointly owned electric power 6-14 and generating facilities. This subsection shall not apply to 6-15 generating facilities or other property wholly owned by the 6-16 district; 6-17 (t) to do any and all other acts or things necessary 6-18 or convenient, including, but not limited to, the control of the 6-19 use of the surface of any lakes or islands located therein 6-20 developed by the district and to levy a charge for the commercial 6-21 use thereof, to the exercise of all powers, rights, privileges, 6-22 authority or functions conferred upon it by the Constitution of 6-23 Texas, this Act or any other act or law; 6-24 (u) to enter into contracts with the State of Texas 6-25 through the State Board of Control providing for direct sale by the 6-26 district of electrical power to the state for use in buildings or 6-27 other facilities owned, leased, or rented by the state in Travis 7-1 County. 7-2 Provided, however, that said district shall not be permitted 7-3 to use for irrigation purposes any water under any permit or 7-4 permits hereafter acquired from any other company or person unless 7-5 expressly authorized by and granted to the district by the Texas 7-6 Water Rights Commission or its successor agency under authority of 7-7 law; and said Texas Water Rights Commission or its successor agency 7-8 in considering subsequent applications by said district shall at 7-9 all times consider the needs of the people living within and on 7-10 lands lying within the watershed of the Colorado River and its 7-11 tributaries above the district. 7-12 Provided that in creating and conferring the benefits of this 7-13 Act on said district, it is declared as an essential part thereof 7-14 that irrespective of any existing right or rights or permit or 7-15 permits issued by the Texas Water Rights Commission or its 7-16 successor agency or its predecessor agency to use the waters of the 7-17 Colorado River and its tributaries for the generation of 7-18 hydroelectric power and which rights or permits may be held or 7-19 acquired by the district, the impounding and use of the flood 7-20 waters of the Colorado River and/or its tributaries for the 7-21 generation of hydroelectric power by the district and/or anyone who 7-22 may succeed to the rights and privileges conferred upon it by this 7-23 Act, shall be subject to the rights of any other person, municipal 7-24 corporation or body politic heretofore or hereafter, under legal 7-25 grant of authority, impounding and putting to beneficial use any 7-26 such waters when such other person, municipal corporation or body 7-27 politic has received a permit for such use or uses from the Board 8-1 of Water Engineers of the State of Texas, the Texas Water Rights 8-2 Commission or its successor agency, or who by law has heretofore 8-3 been or hereafter may be permitted to impound water for the 8-4 aforesaid purposes, and nothing in this Act shall ever be construed 8-5 as to require any such municipal corporation or body politic to 8-6 surrender any such rights to which it may be legally entitled to 8-7 the district and shall not be construed so as to subject to 8-8 condemnation by said district or any successor or by anyone who may 8-9 succeed to the rights and privileges conferred upon it by this Act 8-10 any waters heretofore impounded or to be impounded within or 8-11 without the district under any law authorizing water to be 8-12 impounded or under any permits heretofore granted or hereafter 8-13 granted to a municipal corporation or body politic or any waters 8-14 heretofore impounded or permitted to be impounded or used without 8-15 the district under permits heretofore or hereafter legally granted 8-16 to any person. 8-17 Nothing in this Act shall be construed as depriving any 8-18 person or municipality of the right, legally granted, to impound 8-19 the waters of the Colorado River and/or its tributaries for 8-20 authorized beneficial uses, nor of repealing any law granting such 8-21 rights to persons and municipalities. 8-22 SECTION 2. The importance of this legislation and the 8-23 crowded condition of the calendars in both houses create an 8-24 emergency and an imperative public necessity that the 8-25 constitutional rule requiring bills to be read on three several 8-26 days in each house be suspended, and this rule is hereby suspended, 8-27 and that this Act take effect and be in force from and after its 9-1 passage, and it is so enacted.