By:  Zaffirini                                        S.B. No. 1256
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to surplus state water diverted from an international
    1-2  stream for domestic or municipal purposes.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter B, Chapter 11, Water Code, is amended
    1-5  by adding Section 11.053 to read as follows:
    1-6        Sec. 11.053.  RETURN OF SURPLUS MUNICIPAL WATER FROM AN
    1-7  INTERNATIONAL STREAM.  (a)  In this section, "surplus water" is
    1-8  state water that is diverted for domestic or municipal purposes
    1-9  under a water right for that purpose from a stream which
   1-10  constitutes or defines the boundary between the United States and
   1-11  the Republic of Mexico, is reduced to possession by a municipality,
   1-12  and is returned to the stream from which it was diverted at a
   1-13  specific metered point.
   1-14        (b)  For water accounting and reporting purposes only, that
   1-15  portion of the surplus water belonging to the United States as
   1-16  determined by the International Boundary and Water Commission of
   1-17  the United States and Mexico is not appropriated water and may not
   1-18  be counted as part of the total amount of water authorized under
   1-19  the water right to be diverted for beneficial use, so long as
   1-20  downstream water rights, either adjudicated, permitted, or
   1-21  riparian, are not detrimentally affected.
   1-22        (c)  During any monthly accounting period in which the
   1-23  watermaster determines that insufficient water is available in the
    2-1  system to meet outstanding requests for water, the credit provided
    2-2  in Subsection (b) of this section shall not apply.
    2-3        (d)  Any additional diversions authorized as a result of the
    2-4  credit provided in Subsection (b) of this section may only be taken
    2-5  in a monthly accounting period in which the watermaster determines
    2-6  that sufficient water is available in the system to meet
    2-7  outstanding requests for water or when the watermaster determines
    2-8  that downstream water rights, either adjudicated, permitted, or
    2-9  riparian, will not be detrimentally affected.
   2-10        SECTION 2.  Nothing in this Act affects the allocation of
   2-11  water under any treaty or other international agreement in force
   2-12  between the United States of America and the Republic of Mexico.
   2-13  This Act applies only to rights to water allocated to the United
   2-14  States in accordance with these treaties and international
   2-15  agreements.  No activities authorized by this Act shall be carried
   2-16  out in a manner that is inconsistent with any treaty or other
   2-17  international agreement, that is contrary to the authority of the
   2-18  International Boundary and Water Commission of the United States
   2-19  and Mexico, or that detrimentally affects downstream water rights.
   2-20        SECTION 3.  This Act applies only to water diverted on or
   2-21  after the effective date of this Act.  Water diverted before the
   2-22  effective date of this Act is governed by the law in effect at the
   2-23  time the water was diverted, and that law is continued in effect
   2-24  for that purpose.
   2-25        SECTION 4.  This Act takes effect January 1, 1994.
    3-1        SECTION 5.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.