By Averitt H.B. No. 2847 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. 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 ARTICLE 1. 1-7 SECTION 1.01. Vernon's Civil Statute Article 8280-101, Water 1-8 Auxiliary Laws (2001 Pamphlet), as amended, is further amended by 1-9 adding the following: 1-10 SECTION 2 is amended as follows: "The Brazos River 1-11 Conservation and Reclamation District is created as a governmental 1-12 agency, a municipality, a body politic and corporate, vested with 1-13 all the authority as such under the Constitution and Laws of the 1-14 State; . . . as such District shall have and be recognized to 1-15 exercise such authority and power of control and regulation over 1-16 such storm and flood waters of the Brazos River and its tributaries 1-17 as may be exercised by the State of Texas, subject to the 1-18 provisions of the Constitution and Laws of the Legislature. In 1-19 addition, the Brazos River Authority shall have and is recognized 1-20 to exercise such authority to discover, develop, produce and use 1-21 groundwater in the Brazos River Basin and environs." 1-22 SECTION 3 is amended as follows: "The Brazos River 1-23 Conservation and Reclamation District shall have and be recognized 2-1 to exercise, in addition to all of the general powers vested by 2-2 virtue of the constitution and statutes of a governmental agency 2-3 and body politic and corporate, for the greatest practicable 2-4 measure of the conservation and beneficial utilization of a storm, 2-5 flood, and unappropriated flow waters and groundwater, the powers 2-6 of control and employment of such flood, storm, and unappropriated 2-7 flow waters and groundwater of the said district in the manner and 2-8 particular purposes herein set forth." 2-9 SECTION 3 Is further amended as follows: "(j) To develop and 2-10 make groundwater available for use for domestic, municipal, 2-11 irrigation, commercial and industrial purposes." 2-12 SECTION 4 is amended as follows: "The powers and duties 2-13 herein devolved upon the Brazos River Conservation and Reclamation 2-14 District are recognized to be taken subject to all legislative 2-15 declarations of public policy in the maximum utilization of the 2-16 storm, flood and unappropriated flow waters of the Brazos River 2-17 watershed and develop groundwater of the Brazos River Basin and 2-18 environs for the purposes for which the district is created . . ." 2-19 SECTION 6 is amended as follows: "In the prosecution of the 2-20 plans for which the district has been created for the storing, 2-21 controlling, conserving and distributing to useful purposes of the 2-22 storm, flood, and unappropriated flow waters of the Brazos River 2-23 watershed and developed groundwater from the Brazos River Basin and 2-24 environs, the district shall be recognized to have the right to 2-25 make use of the bed and banks of the accomplishment of the plans of 2-26 the district (Chapter 19, Acts of the 44th Legislature, Regular 3-1 session, 1935.)" 3-2 SECTION 5-b is amended as follows: "Nothing in this Act 3-3 shall have the effect of changing any existing priority or right 3-4 under the laws of the state to the use of waters of the State of 3-5 Texas including any rights of municipalities which maintain and use 3-6 storage structures in the bed of the Brazos River or tributaries. 3-7 (Chapter 194, Acts of the 53rd Legislature, Regular Session, 3-8 1953.)" 3-9 SECTION 1.02. EFFECTIVE DATE. This Act takes effect on 3-10 September 1, 2001. 3-11 SECTION 1.03. EMERGENCY. The importance of this legislation 3-12 and the crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended.