By Counts H.B. No. 3594
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development of a water supply reservoir project at
1-3 a site known as the Allens Creek Reservoir site in Austin County,
1-4 Texas, and providing for the issuance of certain water rights
1-5 permits to the Texas Water Development Board.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1.
1-8 SECTION 1.01. The Legislature designates a site known as
1-9 the Allens Creek Reservoir site at the confluence of Allens Creek
1-10 and the Brazos River in Austin County, Texas, as a site of unique
1-11 value for the construction of a dam and reservoir on Allens Creek
1-12 pursuant to Water Code Sec. 16.051(f)(2) to impound up to 168,000
1-13 acre-feet of water derived from the unappropriated inflows of
1-14 Allens Creek and water diverted from the unappropriated flows of
1-15 the Brazos River at a rate of diversion of up to 3,500 cubic feet
1-16 per second. Based on existing studies, the firm yield of the
1-17 Allens Creek Reservoir project could be as high as approximately
1-18 87,000 acre-feet of water per year. The Brazos River Authority
1-19 currently holds an option to acquire the site.
1-20 SECTION 1.02. Provided the application for a water
1-21 appropriation permit for the Allens Creek Reservoir project and any
2-1 applications to amend the permit are submitted to the Texas Natural
2-2 Resource Conservation Commission within two years from the
2-3 effective date of this Act, the priority date of all rights under
2-4 the permit or amended permit shall be September 1, 1999. The
2-5 permit shall authorize a date to commence construction of the
2-6 project not later than September 1, 2018. The Texas Natural
2-7 Resource Conservation Commission may extend such time for beginning
2-8 of construction for good cause.
2-9 SECTION 1.03. Using the state participation account of the
2-10 Texas Water Development Fund II to encourage optimal regional
2-11 development of the Allens Creek Reservoir project, the Texas Water
2-12 Development Board is authorized to acquire the entire or any
2-13 undivided interest in the Allens Creek site, provided that the
2-14 total amount of money invested by the Water Development Board in
2-15 the site shall not exceed $20,000,000 with $1,800,000 of such
2-16 investment to be for reimbursement to Brazos River Authority for
2-17 costs incurred to obtain and hold its easement to acquire such
2-18 site.
2-19 SECTION 1.04. Using funds from the state participation
2-20 account of the Texas Water Development Fund II, the Water
2-21 Development Board is authorized to issue bonds to acquire up to
2-22 fifty percent of any undivided interest in the Allens Creek
2-23 Reservoir project, including the entire or any undivided interest
2-24 in the site, provided that the total amount of money invested in
2-25 the project, including the site, by the Water Development Board,
3-1 shall not exceed $100,000,000.
3-2 SECTION 1.05. Any contract providing for State
3-3 participation in the Allens Creek site or the construction of a
3-4 reservoir at such site shall provide for the purchase of the Water
3-5 Development Board's interest in the facility pursuant to the
3-6 provisions of Texas Water Code Subsection F, Section 16.186(b).
3-7 The Water Development Board may contract for such a sale with a
3-8 municipality, a river authority, a political subdivision or a water
3-9 supply corporation organized under Chapter 67 of the Water Code.
3-10 ARTICLE 2.
3-11 SECTION 2.01. Chapter 11, Water Code, is amended by adding
3-12 a new section 11.1311 to read as follows:
3-13 Sec. 11.1311. APPROVAL OF CERTAIN APPLICATIONS WITHOUT
3-14 HEARING. (a) If a permit for a reservoir project which is listed
3-15 as a recommended project in the current state water plan has been
3-16 abandoned, voluntarily canceled, or forfeited for failure to
3-17 commence construction within the time specified by law, the
3-18 commission may reissue that same permit with a new priority date to
3-19 the Texas Water Development Board without notice or hearing, upon
3-20 submission of an application by the Board.
3-21 (b) The Board may transfer interests in permit issued under
3-22 this section to a municipality, river authority or other political
3-23 subdivision, or water supply corporation organized under Chapter
3-24 67, Water Code, as otherwise provided by law.
3-25 (c) A permit issued pursuant to this section may be amended
4-1 as otherwise provided by law by submission of an application to
4-2 amend by the holder or holders of the permit.
4-3 ARTICLE 3.
4-4 SECTION 3.01. Nothing in this Act shall be construed as
4-5 prohibiting or impairing any lawful use, sale, or other curtailment
4-6 or diminution of waters that contribute to the flows of the Brazos
4-7 River at the proposed point of diversion for the Allens Creek
4-8 Reservoir project including, without limitation, curtailment or
4-9 diminution of discharges of groundwater into tributaries of the
4-10 Brazos River upstream of such point, whether due to use or sale of
4-11 such groundwater or any other reason.
4-12 SECTION 3.02. EFFECTIVE DATE. This Act takes effect
4-13 September 1, 1999.
4-14 SECTION 3.03. EMERGENCY. The importance of this legislation
4-15 and the crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.