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.