By Turner of Coleman H.B. No. 1973
77R6937 QS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of water services in Williamson County
1-3 and the use of money for water-use strategies by the Lower Colorado
1-4 River Authority.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 27, Chapter 7, Acts of the 43rd
1-7 Legislature, 4th Called Session, 1934 (Article 8280-107, Vernon's
1-8 Texas Civil Statutes), is amended to read as follows:
1-9 Sec. 27. (a) Notwithstanding any other provision of this
1-10 Act, the district:
1-11 (1) may purchase, construct, acquire, own, operate,
1-12 repair, improve, or extend any facility necessary or convenient to
1-13 provide water services in Williamson County in cooperation with
1-14 another special district, a municipality, or another governmental
1-15 entity;
1-16 (2) may not provide water services in the watershed of
1-17 the Brazos River unless the district obtains in writing the consent
1-18 of the Brazos River Authority before the services are provided; and
1-19 (3) may transfer surface water from the district to a
1-20 place in Williamson County that is outside the watershed of the
1-21 Colorado River only if the transfer is made to:
1-22 (A) a municipality that was a district water
1-23 customer on May 20, 1997, and located in the watersheds of both the
1-24 Colorado River and the Brazos River; or
2-1 (B) a person or entity that pays for the surface
2-2 water in an amount sufficient to pay both the district's applicable
2-3 water rate and an additional charge to pay:
2-4 (i) the costs of mitigating any adverse
2-5 effects of the transfer of surface water to Williamson County from
2-6 the Colorado River watershed;[,] and
2-7 (ii) the cost of replacing into the
2-8 Colorado River watershed at least 1.33 gallons of water for each
2-9 gallon transferred out of the watershed, [provided such transfer
2-10 results in no net loss of water to the Colorado River watershed] as
2-11 determined by the district's board of directors.
2-12 (b) Notwithstanding the amounts of surface water transferred
2-13 by the district to municipalities in accordance with Subsection
2-14 (a)(3)(A) of this section [Paragraph (A) of this subdivision], the
2-15 volume of surface water authorized for transfer by the district in
2-16 accordance with Subsection (a)(3)(B) of this section [this
2-17 paragraph] shall not exceed 75,000 [25,000] acre-feet per annum, it
2-18 being the intent of the legislature that the district shall not be
2-19 the sole provider of surface water to Williamson County.
2-20 (c) [(b)] The district shall determine the amount of the
2-21 additional charge under Subsection (a)(3)(B) of this section. The
2-22 additional charge may not be less than 10 percent of the district's
2-23 applicable rate per acre-foot for surface water to be transferred.
2-24 (d) The district shall deposit any money the district
2-25 receives from the additional charge, and may deposit any other
2-26 money as the board of directors determines, into a separate fund
2-27 designated as the agricultural water conservation fund. The
3-1 district may use money from the agricultural water conservation
3-2 fund only for the development of water resources or other water use
3-3 strategies to replace or offset the amount of surface water to be
3-4 transferred to Williamson County, including the development and
3-5 implementation of methods, programs, and strategies relating to
3-6 groundwater resources, reuse, conservation, and other opportunities
3-7 to reduce the reliance on surface water for agricultural
3-8 irrigation, provided that the methods, programs, and strategies
3-9 take into consideration the surface water and groundwater needs of
3-10 the affected Colorado River basin users.
3-11 (e) Prior to its determination of the use of money from the
3-12 agricultural water conservation fund, the district shall consult
3-13 with an advisory committee composed of:
3-14 (1) members [representing agricultural irrigation
3-15 interests that is] appointed by the county judges of Matagorda,
3-16 Wharton, and Colorado counties to represent agricultural irrigation
3-17 interests; and
3-18 (2) members appointed by the county judges of Burnet,
3-19 Llano, and Travis counties to represent the Highland Lakes
3-20 interests.
3-21 (f) The board of directors' determination of the additional
3-22 charge is not subject to review or modification by any regulatory
3-23 agency or authority. Water resources developed or conserved
3-24 through the additional charge may be acquired from any source
3-25 inside or outside the boundaries of the district and shall be used
3-26 to benefit the water service areas of the district's irrigation
3-27 operations.
4-1 (g) The district shall measure and report to the advisory
4-2 committee, the board of directors, and the county judges of
4-3 Matagorda, Wharton, Colorado, Burnet, Llano, and Travis counties a
4-4 comparison of:
4-5 (1) the volume of water transferred to persons or
4-6 entities in Williamson County under Subsection (a)(3)(B) of this
4-7 section; and
4-8 (2) the volume of water replaced into the Colorado
4-9 River watershed under Subsection (a)(3)(B) of this section, both by
4-10 increasing the supply of water available for agricultural
4-11 irrigation from other sources and by decreasing the demand for
4-12 water from the Colorado River for agricultural irrigation.
4-13 (h) The district shall ensure that the cumulative volume of
4-14 replacement water available for irrigation purposes in the Colorado
4-15 River watershed in any 12-month period is at least as large as the
4-16 volume of water transferred to persons or entities in Williamson
4-17 County under Subsection (a)(3)(B) of this section during that
4-18 period. The district shall ensure that the cumulative volume of
4-19 replacement water available for irrigation purposes in the Colorado
4-20 River watershed in any 36-month period is at least 1.33 times as
4-21 large as the volume of water transferred to persons or entities in
4-22 Williamson County under Subsection (a)(3)(B) of this section during
4-23 that period.
4-24 SECTION 2. (a) The change in law made by this Act applies
4-25 only to a transfer of water or a determination regarding the use of
4-26 money from the agricultural water conservation fund made on or
4-27 after the effective date under Section 27, Chapter 7, Acts of the
5-1 43rd Legislature, 4th Called Session, 1934 (Article 8280-107,
5-2 Vernon's Texas Civil Statutes), as amended by this Act.
5-3 (b) This Act takes effect immediately if it receives a vote
5-4 of two-thirds of all the members elected to each house, as provided
5-5 by Section 39, Article III, Texas Constitution. If this Act does
5-6 not receive the vote necessary for immediate effect, this Act takes
5-7 effect September 1, 2001.