1-1     By:  Truan                                              S.B. No. 76
 1-2           (In the Senate - Filed December 2, 1998; January 26, 1999,
 1-3     read first time and referred to Special Committee on Border
 1-4     Affairs; March 8, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 0;
 1-6     March 8, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 76                     By:  Truan
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to requiring the Texas Natural Resource Conservation
1-11     Commission to develop a water availability model for the Rio
1-12     Grande.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 16.012, Water Code, is amended by adding
1-15     a new Subsection (h), amending and relettering existing Subsection
1-16     (h) as Subsection (i), and relettering existing Subsections (i) and
1-17     (j) as Subsections (j) and (k) to read as follows:
1-18           (h)  Not later than December 31, 2003, the commission shall
1-19     obtain or develop an updated water availability model for the Rio
1-20     Grande.  Recognizing that the Rio Grande is an international river
1-21     touching on three states of the United States and five states of
1-22     the United Mexican States and draining an area larger than the
1-23     State of Texas, the model shall encompass water rights granted by
1-24     jurisdictions outside this state as well as the unique geology and
1-25     hydrology of the region.  The commission shall collect data from
1-26     all jurisdictions that allocate the waters of the river, including
1-27     jurisdictions outside this state.
1-28           (i)  Within 90 days of completing a water availability model
1-29     for a river basin, the commission shall provide to all holders of
1-30     existing permits, certified filings, and certificates of
1-31     adjudication in that river basin the projected amount of water that
1-32     would be available:  during a drought of record;  when flows are at
1-33     75 percent of normal; and when flows are at 50 percent of normal.
1-34     With regard to the Rio Grande, the commission shall notify all
1-35     holders of any existing Texas water right in the waters of the
1-36     river who reside in or have corporate resident status in this
1-37     state.
1-38           (j) [(i)]  Within 90 days of completing a water availability
1-39     model for a river basin, the commission shall provide to each
1-40     regional water planning group created under Section 16.053 of this
1-41     code in that river basin the projected amount of water that would
1-42     be available if cancellation procedures were instigated under the
1-43     provisions of Subchapter E, Chapter 11, of this code.
1-44           (k) [(j)]  Within 90 days of completing a water availability
1-45     model for a river basin, the commission, in coordination with the
1-46     Parks and Wildlife Department, shall determine the potential impact
1-47     of reusing municipal and industrial effluent on existing water
1-48     rights, instream uses, and freshwater inflows to bays and
1-49     estuaries.  Within 30 days of making this determination, the
1-50     commission shall provide the projections to the board and each
1-51     regional water planning group created under Section 16.053 of this
1-52     code in that river basin.
1-53           SECTION 2.  The importance of this legislation and the
1-54     crowded condition of the calendars in both houses create an
1-55     emergency and an imperative public necessity that the
1-56     constitutional rule requiring bills to be read on three several
1-57     days in each house be suspended, and this rule is hereby suspended,
1-58     and that this Act take effect and be in force from and after its
1-59     passage, and it is so enacted.
1-60                                  * * * * *