By:  Lucio                                            S.C.R. No. 85
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, A study by the United States Section of the
    1-2  International Boundary and Water Commission entitled, "Status of
    1-3  Conveying Capacity of the Lower Rio Grande Flood Control Project"
    1-4  dated June, 1992, concludes that the Lower Rio Grande Valley and
    1-5  adjacent communities in Mexico are at risk of a flooding disaster;
    1-6  and
    1-7        WHEREAS, The uncontrolled growth of brush in critical areas
    1-8  along the Rio Grande River and on adjacent land and in the internal
    1-9  Lower Rio Grande floodway system is creating a significant risk of
   1-10  flooding; and
   1-11        WHEREAS, The state and federal governments have invested
   1-12  significant funds to build a flood protection system and to provide
   1-13  increased brush habitat through the Lower Rio Grande Wildlife
   1-14  Refuge; and
   1-15        WHEREAS, The Honorable Judge Royce C. Lamberth of the United
   1-16  States District Court, District of Columbia, entered a consent
   1-17  decree in a federal court case involving the International Boundary
   1-18  and Water Commission and the United States Fish and Wildlife
   1-19  Service that triggered a consultation process between the two
   1-20  federal agencies regarding brush mowing and/or removal along the
   1-21  Rio Grande and in the floodway system as it related to the
   1-22  Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.);
   1-23  and
    2-1        WHEREAS, The International Boundary and Water Commission and
    2-2  the United States Fish and Wildlife Service have been engaged in
    2-3  the consultation process under the Endangered Species Act for
    2-4  almost three years and have not reached an agreement regarding the
    2-5  maintenance of habitat for endangered species; and
    2-6        WHEREAS, The lack of such agreement has stopped all brush
    2-7  clearing in the Lower Rio Grande Floodway Project; and
    2-8        WHEREAS, The risk of upstream flooding is greater because
    2-9  Amistad and Falcon reservoirs are near capacity; and
   2-10        WHEREAS, The State of Texas and the county governments of
   2-11  Cameron, Hidalgo, and Willacy counties are responsible for
   2-12  protecting the health and public welfare of their citizens; now,
   2-13  therefore, be it
   2-14        RESOLVED, That the 73rd Legislature of the State of Texas
   2-15  encourage the Honorable Ann Richards, Governor of Texas, to write
   2-16  to the United States Secretary of State who oversees the
   2-17  International Boundary and Water Commission and the Secretary of
   2-18  the Interior who administers the United States Fish and Wildlife
   2-19  Services asking for the earliest possible resolution of the
   2-20  consultation process going on between the two agencies; and, be it
   2-21  further
   2-22        RESOLVED, That the legislature direct the Texas Water
   2-23  Commission to take the lead in evaluating existing information or
   2-24  conducting a study of the flooding risks for the Lower Rio Grande
   2-25  Valley and adjacent areas to determine if the state or local
    3-1  governments need to take action to reduce the flooding risks; and,
    3-2  be it further
    3-3        RESOLVED, That the Texas Water Commission consult with the
    3-4  Texas Water Development Board, Texas Parks and Wildlife Department,
    3-5  the county commissioners courts of Cameron, Hidalgo, and Willacy
    3-6  counties, and the International Boundary and Water Commission in
    3-7  conducting this evaluation; and, be it further
    3-8        RESOLVED, That the 73rd Legislature maintain oversight of
    3-9  this project; and, be it further
   3-10        RESOLVED, That the Texas Water Commission establish goals,
   3-11  objectives, and procedures for the evaluation by January 1, 1994;
   3-12  and, be it further
   3-13        RESOLVED, That the Texas Water Commission prepare a final
   3-14  report of its findings by January 1, 1995, and provide copies to
   3-15  the governor, lieutenant governor, speaker of the house of
   3-16  representatives, and the county commissioners  courts of Cameron,
   3-17  Hidalgo, and Willacy counties.