By: Brown S.B. No. 1593
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the development of a water supply reservoir project at
1-2 a site known as the Allens Creek Reservoir site in Austin County,
1-3 Texas, and providing for the issuance of certain water rights
1-4 permits to the 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 Water Code Sec. 16.051(f)(2) to impound up to 168,000
1-12 acre-feet of water derived from the unappropriated inflows of
1-13 Allens Creek and water diverted from the unappropriated flows of
1-14 the Brazos River at a rate of diversion of up to 3,500 cubic feet
1-15 per second. Based on existing studies, the firm yield of the
1-16 Allens Creek Reservoir project could be as high as approximately
1-17 87,000 acre-feet of water per year. The Brazos River Authority
1-18 currently holds an option to acquire the site.
1-19 Section 1.02. Provided the application for a water
1-20 appropriation permit for the Allens Creek Reservoir project and any
1-21 applications to amend the permit are submitted to the Texas Natural
1-22 Resource Conservation Commission within two years from the
2-1 effective date of this Act, the priority date of all rights under
2-2 the permit or amended permit shall be September 1, 1999. The
2-3 permit shall authorize a date to commence construction of the
2-4 project not later then September 1, 2018. The Texas Natural
2-5 Resource Conservation Commission may extend such time for beginning
2-6 of construction for good cause.
2-7 SECTION 1.03. Using the state participation account of the
2-8 Texas Water Development Fund II to encourage optimal regional
2-9 development of the Allens Creek Reservoir project, the Texas Water
2-10 Development Board is authorized to acquire the entire or any
2-11 undivided interest in the Allens Creek site, provided that the
2-12 total amount of money invested by the Water Development Board in
2-13 the site shall not exceed $20,000,000 with $1,800,000 of such
2-14 investment to be for reimbursement to Brazos River Authority for
2-15 costs incurred to obtain and hold its easement to acquire such
2-16 site.
2-17 SECTION 1.04. Using funds from the state participation
2-18 account of the Texas Water Development Fund II, the Water
2-19 Development Board is authorized to issue bonds to acquire up to
2-20 fifty percent of any undivided interest in the Allens Creek
2-21 Reservoir project, including the entire or any undivided interest
2-22 in the site, provided that the total amount of money invested in
2-23 the project, including the site, by the Water Development Board,
2-24 shall not exceed $100,000,000.
2-25 SECTION 1.05. Any contract providing for State participation
2-26 in the Allens Creek site or the construction of a reservoir at such
3-1 site shall provide for the purchase of the Water Development
3-2 Board's interest in the facility pursuant to the provisions of
3-3 Texas Water Code Subsection F, Section 16.186(b). The Water
3-4 Development Board may contract for such a sale with a municipality,
3-5 a river authority, a political subdivision or a water supply
3-6 corporation organized under Chapter 67 of the Water Code.
3-7 ARTICLE 2.
3-8 SECTION 2.01. Chapter 11, Water Code, is amended by adding a
3-9 new section 11.1311 to read as follows:
3-10 Sec. 11.1311. Approval of Certain Applications without
3-11 Hearing.
3-12 (a) If a permit for a reservoir project which is
3-13 listed as a recommended project in the current state water plan has
3-14 been abandoned, voluntarily canceled, or forfeited for failure to
3-15 commence construction within the time specified by law, the
3-16 commission may reissue that same permit with a new priority date to
3-17 the Texas Water Development Board without notice or hearing, upon
3-18 submission of an application by the Board.
3-19 (b) The Board may transfer interests in permit issued
3-20 under this section to a municipality, river authority or other
3-21 political subdivision, or water supply corporation organized under
3-22 Chapter 67, Water Code, as otherwise provided by law.
3-23 (c) A permit issued pursuant to this section may be
3-24 amended as otherwise provided by law by submission of an
3-25 application to amend by the holder or holders of the permit.
3-26 ARTICLE 3.
4-1 SECTION 3.01. Nothing in this Act shall be construed as
4-2 prohibiting or impairing any lawful use, sale, or other curtailment
4-3 or diminution of waters that contribute to the flows of the Brazos
4-4 River at the proposed point of diversion for the Allens Creek
4-5 Reservoir project including, without limitation, curtailment or
4-6 diminution of discharges of groundwater into tributaries of the
4-7 Brazos River upstream of such point, whether due to use or sale of
4-8 such groundwater or any other reason.
4-9 SECTION 3.02. EFFECTIVE DATE. This Act takes effect
4-10 September 1, 1999.
4-11 SECTION 3.03. EMERGENCY. The importance of this legislation
4-12 and the crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.