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.