By Krusee H.B. No. 1437
76R4764 WP-F
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 cost of
2-5 service and an additional charge to mitigate any adverse effects of
2-6 the transfer of surface water to Williamson County from the
2-7 Colorado River watershed, as determined by the district's board of
2-8 directors.
2-9 (b) The district shall determine the amount of the
2-10 additional charge under Subsection (a)(3)(B) of this section. The
2-11 district may use money from the additional charge only for the
2-12 development of water resources or other water use strategies to
2-13 replace or offset the amount of surface water transferred to
2-14 Williamson County. The board of directors' determination of the
2-15 additional charge is not subject to review or modification by any
2-16 regulatory agency or authority. Water resources developed or
2-17 conserved through the additional charge may be acquired from any
2-18 source, in or outside the boundaries of the district, and shall be
2-19 used to benefit the water service area of the district described in
2-20 Sections 2(a) and 26 of this Act.
2-21 SECTION 2. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.
3-1 COMMITTEE AMENDMENT NO. 1
3-2 Amend H.B. No. 1437 as follows:
3-3 (1) On page 2, lines 4 and 5, strike "cost of service" and
3-4 substitute "applicable water rate".
3-5 (2) On page 2, line 5, strike "mitigate" and substitute "pay
3-6 the costs of mitigating".
3-7 (3) On page 2, line 9, between "(b)" and "The", insert:
3-8 "The district may not transfer water under Subsection
3-9 (a)(3)(B) if the transfer will result in a net loss of water to the
3-10 Colorado River watershed.
3-11 (c)".
3-12 (4) On page 2, line 10, between the period and "The",
3-13 insert: "The additional charge may not be less than 10 percent of
3-14 the district's applicable rate for surface water to be transferred.
3-15 The district shall deposit any money the district receives from the
3-16 additional charge, and may deposit any other money as the board of
3-17 directors determines, into a separate fund designated as the
3-18 agricultural water conservation fund."
3-19 (5) On page 2, line 11, strike "additional charge" and
3-20 substitute "agricultural water conservation fund".
3-21 (6) On page 2, line 13, between "water" and "transferred",
3-22 insert "to be".
3-23 (7) On page 2, line 14, between "County" and the period,
3-24 insert: ", including the development and implementation of methods,
3-25 programs, and strategies relating to groundwater resources, reuse,
3-26 conservation, and other opportunities to reduce the reliance on
3-27 surface water for agricultural irrigation".
4-1 (8) On page 2, line 18, strike "in" and substitute "inside".
4-2 (9) On page 2, line 19, strike "area" and substitute
4-3 "areas".
4-4 (10) On page 2, lines 19 and 20, strike "district described
4-5 in Sections 2(a) and 26 of this Act" and substitute "district's
4-6 irrigation operations".
4-7 76R9563 WP-F Cook