BILL ANALYSIS Natural Resources Committee C.S.H.B. 475 By: Willis 03-06-95 Committee Report (Substituted) BACKGROUND The Oakwood Cemetery in Ft. Worth, founded in 1879, lies on 66 acres on the banks of the Trinity River. Within this area lies three separate cemeteries: Oakwood, Calvary, and Trinity. Many Texans of distinction lie buried there. It is one of North Texas' richest historical treasures. However, while the cemetery has grown and prospered in its 116-year history, its maintenance and care has been hindered by the inadvertent forfeiture of its riparian rights in the early 1970s. The Oakwood Cemetery Board's current inability to draw water from the Trinity River makes irrigation of the cemetery virtually impossible in times of drought and hot weather due to the high cost of water using being supplied by the City of Fort Worth. PURPOSE HB 475 would give a tax-exempt, non-profit corporation that owns a cemetery the right to divert state water to irrigate the cemetery. This legislation corrects an unintended forfeiture of riparian rights that the Oakwood Cemetery Association previously had for many years. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sec. 11.121, Water Code, by adding Sec. 11.1422 to the list of exceptions to the provision that no person may appropriate any state water or begin construction of any work designed for the storage, taking, or diversion of water without first obtaining a permit from the commission to make the appropriation. SECTION 2. Provides that, without a permit, under the proposed new Sec. 11.1422, a tax-exempt, non-profit corporation that owns a cemetery may divert from the river not more than 200 acre-feet of water each year to irrigate the cemetery, if the cemetery both (1) borders a river and (2) is more than 100 years old. The executive director or watermaster of the river in question may restrict the diversion, if it will harm a person downstream of the cemetery that acquired an effected water right before September 1, 1995. The Executive Director or watermaster shall limit the restriction to the extent of the harm and to the period of the harm. SECTION 3. Effective Date; September 1, 1995. SECTION 4. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill, at Section 2, provides that any tax-exempt nonprofit corporation that owns a cemetery that borders a river may divert the water as specified. The substitute, at Section 2, provides an additional requirement that only a tax-exempt nonprofit corporation that owns a cemetery that both (1) borders a river and (2) is more than 100 years old may divert such water for said purposes. SUMMARY OF COMMITTEE ACTION HB 475 was considered by the committee in a public hearing on March 6, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The following persons testified in favor of the bill: The Honorable Pat Ferchill, representing himself; Mr. J.B. Moates, President, Oakwood Cemetery Association, representing . The bill was reported favorably, as substituted, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.