By Krusee                                             H.B. No. 1437
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the powers of the Lower Colorado River Authority to
 1-3     provide water services in Williamson County.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 27, Chapter 7, Acts of the 43rd
 1-6     Legislature, 4th Called Session, 1934 (Article 8280-107, Vernon's
 1-7     Texas Civil Statutes), is amended to read as follows:
 1-8           Sec. 27.   (a)  Notwithstanding any other provisions of this
 1-9     Act, the district:
1-10                 (1)  may purchase, construct, acquire, own, operate,
1-11     repair, improve, or extend any facility necessary or convenient to
1-12     provide water services in Williamson County in cooperation with
1-13     another special district, a municipality, or another governmental
1-14     entity;[.]
1-15                 (2) [(b)  The district] may not provide water services
1-16     in the watershed of the Brazos River unless the district obtains in
1-17     writing the consent of the Brazos River Authority before the
1-18     services are provided; and[.]
1-19                 (3) [(c)  The district] may transfer surface water from
1-20     the district to a place in Williamson County that is outside the
1-21     watershed of the Colorado River only if the transfer is made to:
1-22                       (A)  a municipality that was [is:]
1-23                 [(1)]  a district water customer on May 20, 1997, [the
1-24     effective date of this section;] and
 2-1                 [(2)]  located in the watersheds of both the Colorado
 2-2     River and the Brazos River; or
 2-3                       (B)  a person or entity that pays for the surface
 2-4     water in an amount sufficient to pay both the district's applicable
 2-5     water rate and an additional charge to pay the costs of mitigating
 2-6     any adverse effects of the transfer of surface water to Williamson
 2-7     County from the Colorado River watershed, as determined by the
 2-8     district's board of directors, provided that the district's board
 2-9     of directors determines that such transfer will not result in a net
2-10     loss of water to the Colorado River watershed.
2-11           (b)  The district shall determine the amount of the
2-12     additional charge under Subsection (a)(3)(B) of this section.  The
2-13     additional charge may not be less than 10 percent of the district's
2-14     applicable rate for surface water to be transferred.  The district
2-15     shall deposit any money the district receives from the additional
2-16     charge, and may deposit any other money as the board of directors
2-17     determines, into a separate fund designated as the agricultural
2-18     water conservation fund.  The district may use money from the
2-19     agricultural water conservation fund only for the development of
2-20     water resources or other water use strategies to replace or offset
2-21     the amount of surface water to be transferred to Williamson County,
2-22     including the development and implementation of methods, programs,
2-23     and strategies relating to groundwater resources, reuse,
2-24     conservation, and other opportunities to reduce the reliance on
2-25     surface water for agricultural irrigation.  The board of directors'
2-26     determination of the additional charge is not subject to review or
2-27     modification by any regulatory agency or authority.  Water
 3-1     resources developed or conserved through the additional charge may
 3-2     be acquired from any source, inside or outside the boundaries of
 3-3     the district, and shall be used to benefit the water service areas
 3-4     of the district's irrigation operations.
 3-5           SECTION 2.  The importance of this legislation and the
 3-6     crowded condition of the calendars in both houses create an
 3-7     emergency and an imperative public necessity that the
 3-8     constitutional rule requiring bills to be read on three several
 3-9     days in each house be suspended, and this rule is hereby suspended,
3-10     and that this Act take effect and be in force from and after its
3-11     passage, and it is so enacted.