By: Brown S.B. No. 1593 A BILL TO BE ENTITLED AN ACT 1-1 relating to the development of a water supply reservoir project at 1-2 the Allens Creek Reservoir site in Austin County, Texas, and 1-3 providing for the issuance of certain water rights permits to the 1-4 Texas Water Development Board. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 ARTICLE 1 1-7 SECTION 1.01. The Legislature designates a site known as the 1-8 Allens Creek Reservoir site at the confluence of Allens Creek and 1-9 the Brazos River in Austin County, Texas, as a site of unique value 1-10 for the construction of a dam and reservoir on Allens Creek 1-11 pursuant to Subdivision (2), Subsection (f), Section 16.051, Water 1-12 Code, to impound water derived from the unappropriated inflows of 1-13 Allens Creek and water diverted from the unappropriated flows of 1-14 the Brazos River. The Brazos River Authority currently holds an 1-15 option to acquire all or a substantial portion of the site. The 1-16 legislature finds that construction and development of the Allens 1-17 Creek Reservoir project, and the impoundment, diversion, and use of 1-18 the waters in amounts up to those specified in this article, are in 1-19 the public interest and would constitute a beneficial use of the 1-20 water. The legislature further finds that the project shall 1-21 receive priority for existing and uncommitted bond authorization in 1-22 the state participation account. 1-23 SECTION 1.02. (a) The Texas Water Development Board is 1-24 granted the right to construct a dam and reservoir on Allens Creek 2-1 and to impound therein the amount specified by permit or amendment 2-2 issued hereunder, up to 500,000 acre-feet, of the unappropriated 2-3 waters of the Brazos River and Allens Creek, derived from inflows 2-4 from Allens Creek and diversions from the Brazos River, and to 2-5 divert and use from the reservoir an amount of water specified in 2-6 the permit issued under Subsection (b) of this section or in 2-7 amendment granted by the Texas Natural Resource Conservation 2-8 Commission in accordance with the Water Code, up to an average of 2-9 500,000 acre-feet of water per year. Water may be diverted, 2-10 impounded, and used only in the amounts and for the purposes and 2-11 under the terms of the permit as so issued or amended. 2-12 (b) Upon application by the Texas Water Development Board 2-13 pursuant to Section 11.1311, Water Code, the Texas Natural Resource 2-14 Conservation Commission shall reissue without notice or hearing 2-15 Water Appropriation Permit No. 2925 previously issued for the 2-16 Allens Creek Reservoir. The permit shall be issued in the name of 2-17 the Texas Water Development Board and it shall have a priority date 2-18 of September 1, 1999. The date to commence construction of the 2-19 reservoir shall be not later than September 1, 2018. The Texas 2-20 Natural Resource Conservation Commission may extend such time for 2-21 beginning of construction for good cause. 2-22 (c) Pursuant to Section 11.1311, Water Code, the Texas Water 2-23 Development Board may transfer interests in the reissued permit for 2-24 the Allens Creek Reservoir to a municipality, river authority, 2-25 other political subdivision, or water supply corporation organized 2-26 under Chapter 67, Water Code, as otherwise provided by law. 3-1 (d) Pursuant to Section 11.1311, Water Code, the reissued 3-2 permit for the Allens Creek Reservoir may be amended by the Texas 3-3 Natural Resource Conservation Commission as otherwise provided by 3-4 law upon submission of an application to amend by the holder or 3-5 holders of the permit. The permit as so amended shall have a 3-6 priority date of September 1, 1999, provided the authorizations in 3-7 the amended permit do not exceed those set forth in Subsection (a) 3-8 of this section. The Texas Natural Resource Conservation 3-9 Commission shall process and issue any amendment to the permit 3-10 according to the provisions of Chapter 11, Water Code, including 3-11 but not limited to directing that stream flow restrictions and 3-12 other conditions and restrictions be placed in the amended permit 3-13 to protect senior water rights and to comply with Sections 11.147, 3-14 11.150, and 11.152, Water Code. The Parks and Wildlife Department 3-15 shall propose to the Texas Natural Resource Conservation Commission 3-16 any terms recommended for inclusion in the amended permit for 3-17 protection of instream uses and bays and estuaries pursuant to 3-18 Section 11.147, Water Code, and fish and wildlife habitat pursuant 3-19 to Section 11.152, Water Code. 3-20 SECTION 1.03. Using the state participation account of the 3-21 Texas Water Development Fund II to encourage optimal regional 3-22 development of the Allens Creek Reservoir project, the Texas Water 3-23 Development Board is authorized to acquire the entire or any 3-24 undivided interest in the Allens Creek site, provided that the 3-25 total amount of money invested by the Texas Water Development Board 3-26 in the site shall not exceed $20 million with $1.8 million of such 4-1 investment to be for reimbursement to Brazos River Authority for 4-2 costs incurred to obtain and hold its option to acquire such site. 4-3 The legislature finds that the cost of acquisition of the site for 4-4 the Allens Creek Reservoir project exceeds the current financing 4-5 capabilities of the area involved, and the optimum regional 4-6 development of the Allens Creek site cannot be reasonably financed 4-7 by local interests without state participation. 4-8 SECTION 1.04. Using funds from the state participation 4-9 account of the Texas Water Development Fund II, the Texas Water 4-10 Development Board is authorized to issue bonds to acquire up to 50 4-11 percent of any undivided interest in the Allens Creek Reservoir 4-12 project, including the entire or any undivided interest in the 4-13 site. The legislature finds that the cost of the Allens Creek 4-14 Reservoir project exceeds the current financing capabilities of the 4-15 area involved, and the optimum regional development of the Allens 4-16 Creek Reservoir project cannot be reasonably financed by local 4-17 interests without state participation. 4-18 SECTION 1.05. Any contract providing for state participation 4-19 in the Allens Creek site or the construction of a reservoir at such 4-20 site shall provide for the purchase of the Texas Water Development 4-21 Board's interest in the facility pursuant to the provisions of 4-22 Subsection (b), Section 16.186, Water Code. The Texas Water 4-23 Development Board may contract for such a sale with a municipality, 4-24 a river authority, a political subdivision or a water supply 4-25 corporation organized under Chapter 67, Water Code. 5-1 ARTICLE 2 5-2 SECTION 2.01. Subchapter D, Chapter 11, Water Code, is 5-3 amended by adding Section 11.1311 to read as follows: 5-4 Sec. 11.1311. APPROVAL OF CERTAIN APPLICATIONS WITHOUT 5-5 HEARING. (a) If a permit for a reservoir project which is listed 5-6 on the effective date of this section as a recommended project in 5-7 the current state water plan has been abandoned, voluntarily 5-8 canceled, or forfeited for failure to commence construction within 5-9 the time specified by law, and the reservoir project site is owned 5-10 by a municipality, river authority, other political subdivision, or 5-11 water supply corporation organized under Chapter 67, the commission 5-12 may reissue that same permit with a new priority date to the board 5-13 without notice or hearing, upon submission of an application by the 5-14 board. 5-15 (b) The board may transfer interests in a permit issued 5-16 under this section to a municipality, river authority, other 5-17 political subdivision, or water supply corporation organized under 5-18 Chapter 67 as otherwise provided by law. 5-19 (c) A permit issued pursuant to this section shall be 5-20 administered in accordance with this chapter and as otherwise 5-21 provided by law. 5-22 ARTICLE 3 5-23 SECTION 3.01. Nothing in this Act shall be construed as 5-24 prohibiting or impairing any lawful use, sale, or other curtailment 5-25 or diminution of waters that contribute to the flows of the Brazos 5-26 River at the proposed point of diversion for the Allens Creek 6-1 Reservoir project including, without limitation, curtailment or 6-2 diminution of discharges of groundwater into tributaries of the 6-3 Brazos River upstream of such point, whether due to use or sale of 6-4 such groundwater or any other reason. 6-5 SECTION 3.02. This Act takes effect September 1, 1999. 6-6 SECTION 3.03. The importance of this legislation and the 6-7 crowded condition of the calendars in both houses create an 6-8 emergency and an imperative public necessity that the 6-9 constitutional rule requiring bills to be read on three several 6-10 days in each house be suspended, and this rule is hereby suspended.