By:  Lucio                                   S.B. No. 1325

         97S0831/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the availability of certain water for temporary

 1-2     diversion and use.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 11.0871, Water Code, is amended by adding

 1-5     Subsection (d) to read as follows:

 1-6           (d)  For purposes of this section, the lowest downstream

 1-7     accounting point for determining whether water is available for

 1-8     temporary diversion and use pursuant to Subsection (a) shall remain

 1-9     at the Anzalduas Dam.

1-10           SECTION 2.  Subdivision (6), Section 15.001, Water Code, is

1-11     amended to read as follows:

1-12                 (6)  "Project" means:

1-13                       (A)  any undertaking or work to conserve, convey,

1-14     and develop surface or subsurface water resources in the state, to

1-15     provide for the maintenance and enhancement of the quality of the

1-16     water of the state, to provide nonstructural and structural flood

1-17     control, drainage, subsidence control, recharge, chloride control,

1-18     and desalinization, and to carry out other purposes defined by

1-19     board rules; [or]

1-20                       (B)  any undertaking or work outside the state to

1-21     provide for the maintenance and enhancement of the quality of water

1-22     by eliminating saline inflow through well pumping and deep well

1-23     injection of brine; or

 2-1                       (C)  any channel storage reservoir located on an

 2-2     international boundary to be constructed or maintained in whole or

 2-3     in part by the International Boundary and Water Commission for the

 2-4     purpose of impounding waters allocated to the United States under

 2-5     the 1944 Treaty with Mexico Relating to the Utilization of Waters

 2-6     of the Colorado and Tijuana Rivers and of the Rio Grande from Fort

 2-7     Quitman, Texas, to the Gulf of Mexico (59 Stat. 1219) that would

 2-8     otherwise flow undiverted into the Gulf of Mexico.  Funds allocated

 2-9     for such a project shall be used in the furtherance of planning,

2-10     research, and obtaining regulatory authority at the local, state,

2-11     and federal level.

2-12           SECTION 3.  This Act takes effect September 1, 1997.

2-13           SECTION 4.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.