PDH H.B. 3594 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3594
By: Counts
Natural Resources
4/13/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas does not provide for a water supply reservoir project at a
site known as the Allens Creek Reservoir site in Austin County, Texas.
H.B. 3574 creates a water supply reservoir project at a site known as the
Allens Creek Reservoir site in Austin County, Texas and provides for the
issuance of certain water rights permits to the Texas Water Development
Board. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.

SECTION 1.01.  Sets forth site requirements for a dam and reservoir to be
constructed at the confluence of Allens Creek and the Brazos River. 

SECTION 1.02. Sets forth requirements for permits for the Allens Creek
Reservoir project. 

SECTION 1.03. Authorizes the Texas Water Development Board (board) to
acquire the entire or any undivided interest in the Allens Creek site,
provided that the total amount of money invested by the board in the site
shall not exceed $20,000,000 with $1,800,000 or such investment to be for
reimbursement to the Brazos River Authority for costs incurred to obtain
and hold its easement to acquire such site, using the state participation
account of the Texas Water Development Fund II to encourage regional
development of the Allens Creek Reservoir project. 

SECTION 1.04. Authorizes the board to issue certain bonds.

SECTION 1.05. Requires any contract providing for state participation in
the Allens Creek site or the construction of a reservoir at such site to
provide for the purchase of the board's interest in the facility pursuant
to the provisions of Section 16.186(b) (Price of Sale), Water Code.
Authorizes the board to contract for such a sale with a municipality, a
river authority, a political subdivision, or a water supply corporation
organized under Chapter 67 (Nonprofit Water supply or Sewer Service
Corporations) of the Water Code. 

ARTICLE 2.

SECTION 2.01. Amends Chapter 11, Water Code, by adding Section 11.1311, as
follows: 

Sec. 11.1311. APPROVAL OF CERTAIN APPLICATIONS WITHOUT HEARING. Authorizes
the Texas Natural Resource Conservation Commission to reissue the same
permit with a new priority date to the board without notice or hearing,
upon submission of an application by the board, if a permit for a reservoir
project which is listed as a recommended project in the current state water
plan has been abandoned, voluntarily canceled, or forfeited for failure to
commence construction within the time specified by law.  Authorizes the
board to transfer interest in a permit issued under this section to certain
entities. Authorizes a  permit issued pursuant to this section to be
amended as otherwise provided by law by submission of an application to
amend by the holder of the permit. 

ARTICLE 3.

SECTION 3.01. Provides that nothing in this Act shall be construed as
prohibiting or impairing any lawful use, sale, or other curtailment or
diminution of waters that contribute to the flows of the Brazos River at
the proposed point of diversion for the Allens Creek Reservoir project,
including certain actions, whether due to use or sale of such groundwater
or any other reason. 
 
SECTION 3.02. Effective date: September 1, 1999.

SECTION 3.03. Emergency clause.