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.