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.