77R11173 T
By Averitt H.B. No. 2847
Substitute the following for H.B. No. 2847:
By Counts C.S.H.B. No. 2847
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Brazos River Authority to
1-3 discover, develop, produce, and use groundwater in the Brazos River
1-4 Basin and environs.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 2, 3, and 4, Chapter 13, Special Laws,
1-7 Acts of the 41st Legislature, 2nd Called Session, 1929, are amended
1-8 to read as follows:
1-9 Sec. 2. The Brazos River Conservation and Reclamation
1-10 District is created as a governmental agency, a municipality, body
1-11 politic and corporate, vested with all the authority as such under
1-12 the Constitution and Laws of the State; and shall have and be
1-13 recognized to exercise all of the powers of such governmental
1-14 agency and body politic and corporate as are expressly authorized
1-15 in the provisions of the Constitution, Section 59 of Article 16,
1-16 for Districts created to conserve, control, and utilize to
1-17 beneficial service the storm and flood waters of the rivers and
1-18 streams of the State, or such powers as may be contemplated and
1-19 implied by the purposes of this provision of the Constitution, and
1-20 as may conferred by General Law, and in the provisions of this Act;
1-21 and shall have and be recognized to exercise all the rights and
1-22 powers of an independent governmental agency, municipality, body
1-23 politic and corporate to formulate any and all plans deemed
1-24 essential to the operation of the District and for its
2-1 administration in the control, storing, preservation and
2-2 distribution to all useful purposes of the storm and flood waters
2-3 of the Brazos River and its tributary streams; as such District,
2-4 shall have and be recognized to exercise such authority and power
2-5 of control and regulation over such storm and flood waters of the
2-6 Brazos River and its tributaries as may be exercised by the State
2-7 of Texas, subject to the provisions of the Constitution and the
2-8 Acts of the Legislature. In addition, the Brazos River Authority
2-9 shall have and is recognized to exercise such authority to
2-10 discover, develop, and produce groundwater in the Brazos River
2-11 Basin for the use of its customers.
2-12 Sec. 3. The Brazos River Conservation and Reclamation
2-13 District shall have and be recognized to exercise, in addition to
2-14 all the general powers vested by virtue of the constitution and
2-15 statutes in a governmental agency and body politic and corporate,
2-16 for the greatest practicable measure of the conservation and
2-17 beneficial utilization of storm, flood and unappropriated flow
2-18 waters, the powers of control and employment of such flood, storm
2-19 and unappropriated flow waters and groundwater of the said district
2-20 in the manner and for the particular purposes hereinafter set
2-21 forth.
2-22 (a) To provide through the only practical and legal means
2-23 for the control and the coordination of the regulation of the
2-24 waters of the watershed of the Brazos River and its tributary
2-25 streams as a unit.
2-26 (b) To provide by adequate organization and administration
2-27 for the preservation of the equitable rights of the people of the
3-1 different sections of the watershed area in the beneficial use of
3-2 storm, flood and unappropriated flow waters of the Brazos River and
3-3 its tributary streams.
3-4 (c) For storing, controlling and conserving storm, flood and
3-5 unappropriated flow waters of the Brazos River and its tributaries,
3-6 and the prevention of the escape of any of such waters without the
3-7 maximum of public service; for the prevention of devastation of
3-8 lands from recurrent overflows, and the protection of life and
3-9 property in such watershed area from uncontrolled flood waters.
3-10 (d) For the conservation of waters essential for the
3-11 domestic uses of the people of the watershed of the Brazos River
3-12 and its tributaries, including all necessary water supplies for
3-13 cities and towns.
3-14 (e) For the irrigation of lands in the watershed of the
3-15 Brazos River and its tributary streams where irrigation is required
3-16 for agricultural purposes or may be deemed helpful to more
3-17 profitable agricultural production; and for the equitable
3-18 distribution of storm, flood and unappropriated flow waters to the
3-19 regional potential requirements for all uses. All plans and all
3-20 works provided by said districts, and as well, all works which may
3-21 be provided under authority of said district should have primary
3-22 regard to the necessary and potential needs for water, by or within
3-23 the respective areas constituting the watershed of the Brazos River
3-24 and its tributary streams.
3-25 (f) For the better encouragement and development of drainage
3-26 systems and provisions for drainage of lands in the valleys of the
3-27 Brazos River and its tributary streams needing drainage for
4-1 profitable agricultural production; and drainage for other lands in
4-2 the watershed area of the district requiring drainage for the most
4-3 advantageous use.
4-4 (g) For the purpose of conservation of all soils against
4-5 destructive erosion and thereby preventing the increased flood
4-6 menace incident thereto.
4-7 (h) To control and make available for employment flood,
4-8 storm and unappropriated flow waters in the development of
4-9 commercial and industrial enterprises in all sections of the
4-10 watershed area of the district.
4-11 (i) For the control, storing and employment of flood, storm
4-12 and unappropriated flow waters in the development and distribution
4-13 of hydro-electric power, where use may be economically coordinated
4-14 with other and superior uses, and subordinated to the uses declared
4-15 by law to be superior.
4-16 (j) To develop and make groundwater available for use for
4-17 domestic, municipal, irrigation, commercial and industrial
4-18 purposes.
4-19 (k) And for each and every purpose for which flood, storm
4-20 and unappropriated flow waters when controlled and conserved may be
4-21 utilized in the performance of a useful service as contemplated and
4-22 authorized by the provisions of the Constitution and the public
4-23 policy therein declared.
4-24 (l) [(k)] Nothing in this Act shall affect or repeal
4-25 Articles 7496, 7500A of 1925 Revised Statutes or Article 7471
4-26 Revised Statutes of 1925 as amended by Chapter 128 Acts of the
4-27 Regular Session of the 42nd Legislature.
5-1 Sec. 4. The powers and duties herein devolved upon the Brazos
5-2 River Conservation and Reclamation District are recognized to be
5-3 taken subject to all legislative declarations of public policy in
5-4 the maximum utilization of the storm, flood and unappropriated flow
5-5 waters of the Brazos River watershed and developed groundwater of
5-6 the Brazos River Basin for the purposes for which the district is
5-7 created, as expressed and indicated in this Act, and subject to the
5-8 continuing rights of supervision by the State which shall be
5-9 exercised through the State Board of Water Engineers, which agency
5-10 shall be charged with the authority and duty to approve, or to
5-11 refuse to approve, the adequacy of any plan or plans for flood
5-12 control or conservation improvement purposes devised by the
5-13 district for the achievement of the plans and purposes intended in
5-14 the creation of the district, and which plans contemplate
5-15 improvements supervised by the respective State authority under the
5-16 provisions of the general law.
5-17 SECTION 2. Section 5-b, Chapter 368, Acts of the 44th
5-18 Legislature, 1st Called Session, 1935, is amended to read as
5-19 follows:
5-20 Sec. 5-b. Nothing in this Act shall have the effect of
5-21 changing any existing priority of right under the laws of the State
5-22 to the use of waters of the State of Texas including any rights of
5-23 municipalities which maintain and use storage structures in the bed
5-24 of the Brazos River or its tributaries.
5-25 SECTION 3. Sections 6 and 12, Chapter 13, Special Laws, Acts
5-26 of the 41st Legislature, 2nd Called Session, 1929, are amended to
5-27 read as follows:
6-1 Sec. 6. The Board of Directors of the Brazos River Authority
6-2 shall have twenty-one (21) members. Members of the Board and their
6-3 successors shall serve for a term of six (6) years and until their
6-4 successors are designated and qualified. On February 1, of each
6-5 odd-numbered year, the terms of seven (7) members of the Board
6-6 expire. The persons serving on the Board on the effective date of
6-7 this amendment shall continue to serve for their unexpired terms.
6-8 The Governor shall appoint seven (7) persons each biennium with the
6-9 advice and consent of the Senate to serve on the Board of Directors
6-10 of the Brazos River Authority and not more than sixty (60) days
6-11 thereafter each of said Directors shall take and subscribe to an
6-12 oath of office, similar in character to the oaths administered to
6-13 County Commissioners and shall execute bond in the sum of Five
6-14 Thousand ($5,000.00) Dollars each, payable to the Authority, the
6-15 premium on said bonds to be paid by the Authority which bonds after
6-16 being recorded in the official bond records of the county in which
6-17 the Authority maintains its office shall be deposited with a
6-18 depository selected and approved for the deposit of the funds of
6-19 the Authority. All vacancies occurring in the Board of Directors
6-20 shall be filled by appointment of the Governor with the advice and
6-21 consent of the Senate. Seven (7) members shall constitute a quorum
6-22 to transact business. No more than two (2) of said Directors shall
6-23 be appointed who reside in the same county at the time of their
6-24 appointment.
6-25 The Board of Directors shall elect one (1) of their number
6-26 Chairman [President], one (1) Vice-Chairman [Vice-President], one
6-27 (1) Secretary and appoint a Treasurer who shall furnish a bond in
7-1 the sum of seventy-five (75%) per cent of the amount of money
7-2 estimated to be on hand during the year, in no event to be more
7-3 than One Hundred Thousand ($100,000.00) Dollars.
7-4 Sec. 12. In the prosecution of the plans for which the
7-5 district has been created for the storing, controlling, conserving
7-6 and distributing to useful purposes of the storm, flood and
7-7 unappropriated flow waters of the Brazos River watershed and
7-8 developed groundwater from the Brazos River Basin for the use of
7-9 its customers, the district shall be recognized to have the right
7-10 to make use of the bed and banks of the Brazos River and its
7-11 tributary streams for any and all purposes necessary to the
7-12 accomplishment of the plans of the district.
7-13 SECTION 4. This Act takes effect September 1, 2001.