1-1 By: Averitt (Senate Sponsor - Sibley) H.B. No. 2847
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 11, 2001, reported favorably, as amended, by
1-5 the following vote: Yeas 4, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Bivins
1-8 Amend HB 2847 as follows:
1-9 On page 2, line 56, after the word "Legislature" and prior to
1-10 the period, insert a ";" and the followng new subsection:
1-11 "(m) Nothing in this chapter shall confer to the Brazos
1-12 River Authority any power under Chapter 36, Water Code to regulate
1-13 the groundwater of other land owners."
1-14 A BILL TO BE ENTITLED
1-15 AN ACT
1-16 relating to the authority of the Brazos River Authority to
1-17 discover, develop, produce, and use groundwater in the Brazos River
1-18 Basin and environs.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Sections 2, 3, and 4, Chapter 13, Special Laws,
1-21 Acts of the 41st Legislature, 2nd Called Session, 1929, are amended
1-22 to read as follows:
1-23 Sec. 2. The Brazos River Conservation and Reclamation
1-24 District is created as a governmental agency, a municipality, body
1-25 politic and corporate, vested with all the authority as such under
1-26 the Constitution and Laws of the State; and shall have and be
1-27 recognized to exercise all of the powers of such governmental
1-28 agency and body politic and corporate as are expressly authorized
1-29 in the provisions of the Constitution, Section 59 of Article 16,
1-30 for Districts created to conserve, control, and utilize to
1-31 beneficial service the storm and flood waters of the rivers and
1-32 streams of the State, or such powers as may be contemplated and
1-33 implied by the purposes of this provision of the Constitution, and
1-34 as may conferred by General Law, and in the provisions of this Act;
1-35 and shall have and be recognized to exercise all the rights and
1-36 powers of an independent governmental agency, municipality, body
1-37 politic and corporate to formulate any and all plans deemed
1-38 essential to the operation of the District and for its
1-39 administration in the control, storing, preservation and
1-40 distribution to all useful purposes of the storm and flood waters
1-41 of the Brazos River and its tributary streams; as such District,
1-42 shall have and be recognized to exercise such authority and power
1-43 of control and regulation over such storm and flood waters of the
1-44 Brazos River and its tributaries as may be exercised by the State
1-45 of Texas, subject to the provisions of the Constitution and the
1-46 Acts of the Legislature. In addition, the Brazos River Authority
1-47 shall have and is recognized to exercise such authority to
1-48 discover, develop, and produce groundwater in the Brazos River
1-49 Basin for the use of its customers.
1-50 Sec. 3. The Brazos River Conservation and Reclamation
1-51 District shall have and be recognized to exercise, in addition to
1-52 all the general powers vested by virtue of the constitution and
1-53 statutes in a governmental agency and body politic and corporate,
1-54 for the greatest practicable measure of the conservation and
1-55 beneficial utilization of storm, flood and unappropriated flow
1-56 waters, the powers of control and employment of such flood, storm
1-57 and unappropriated flow waters and groundwater of the said district
1-58 in the manner and for the particular purposes hereinafter set
1-59 forth.
1-60 (a) To provide through the only practical and legal means
1-61 for the control and the coordination of the regulation of the
1-62 waters of the watershed of the Brazos River and its tributary
1-63 streams as a unit.
2-1 (b) To provide by adequate organization and administration
2-2 for the preservation of the equitable rights of the people of the
2-3 different sections of the watershed area in the beneficial use of
2-4 storm, flood and unappropriated flow waters of the Brazos River and
2-5 its tributary streams.
2-6 (c) For storing, controlling and conserving storm, flood and
2-7 unappropriated flow waters of the Brazos River and its tributaries,
2-8 and the prevention of the escape of any of such waters without the
2-9 maximum of public service; for the prevention of devastation of
2-10 lands from recurrent overflows, and the protection of life and
2-11 property in such watershed area from uncontrolled flood waters.
2-12 (d) For the conservation of waters essential for the
2-13 domestic uses of the people of the watershed of the Brazos River
2-14 and its tributaries, including all necessary water supplies for
2-15 cities and towns.
2-16 (e) For the irrigation of lands in the watershed of the
2-17 Brazos River and its tributary streams where irrigation is required
2-18 for agricultural purposes or may be deemed helpful to more
2-19 profitable agricultural production; and for the equitable
2-20 distribution of storm, flood and unappropriated flow waters to the
2-21 regional potential requirements for all uses. All plans and all
2-22 works provided by said districts, and as well, all works which may
2-23 be provided under authority of said district should have primary
2-24 regard to the necessary and potential needs for water, by or within
2-25 the respective areas constituting the watershed of the Brazos River
2-26 and its tributary streams.
2-27 (f) For the better encouragement and development of drainage
2-28 systems and provisions for drainage of lands in the valleys of the
2-29 Brazos River and its tributary streams needing drainage for
2-30 profitable agricultural production; and drainage for other lands in
2-31 the watershed area of the district requiring drainage for the most
2-32 advantageous use.
2-33 (g) For the purpose of conservation of all soils against
2-34 destructive erosion and thereby preventing the increased flood
2-35 menace incident thereto.
2-36 (h) To control and make available for employment flood,
2-37 storm and unappropriated flow waters in the development of
2-38 commercial and industrial enterprises in all sections of the
2-39 watershed area of the district.
2-40 (i) For the control, storing and employment of flood, storm
2-41 and unappropriated flow waters in the development and distribution
2-42 of hydro-electric power, where use may be economically coordinated
2-43 with other and superior uses, and subordinated to the uses declared
2-44 by law to be superior.
2-45 (j) To develop and make groundwater available for use for
2-46 domestic, municipal, irrigation, commercial and industrial
2-47 purposes.
2-48 (k) And for each and every purpose for which flood, storm
2-49 and unappropriated flow waters when controlled and conserved may be
2-50 utilized in the performance of a useful service as contemplated and
2-51 authorized by the provisions of the Constitution and the public
2-52 policy therein declared.
2-53 (l) [(k)] Nothing in this Act shall affect or repeal
2-54 Articles 7496, 7500A of 1925 Revised Statutes or Article 7471
2-55 Revised Statutes of 1925 as amended by Chapter 128 Acts of the
2-56 Regular Session of the 42nd Legislature.
2-57 Sec. 4. The powers and duties herein devolved upon the Brazos
2-58 River Conservation and Reclamation District are recognized to be
2-59 taken subject to all legislative declarations of public policy in
2-60 the maximum utilization of the storm, flood and unappropriated flow
2-61 waters of the Brazos River watershed and developed groundwater of
2-62 the Brazos River Basin for the purposes for which the district is
2-63 created, as expressed and indicated in this Act, and subject to the
2-64 continuing rights of supervision by the State which shall be
2-65 exercised through the State Board of Water Engineers, which agency
2-66 shall be charged with the authority and duty to approve, or to
2-67 refuse to approve, the adequacy of any plan or plans for flood
2-68 control or conservation improvement purposes devised by the
2-69 district for the achievement of the plans and purposes intended in
3-1 the creation of the district, and which plans contemplate
3-2 improvements supervised by the respective State authority under the
3-3 provisions of the general law.
3-4 SECTION 2. Section 5-b, Chapter 368, Acts of the 44th
3-5 Legislature, 1st Called Session, 1935, is amended to read as
3-6 follows:
3-7 Sec. 5-b. Nothing in this Act shall have the effect of
3-8 changing any existing priority of right under the laws of the State
3-9 to the use of waters of the State of Texas including any rights of
3-10 municipalities which maintain and use storage structures in the bed
3-11 of the Brazos River or its tributaries.
3-12 SECTION 3. Sections 6 and 12, Chapter 13, Special Laws, Acts
3-13 of the 41st Legislature, 2nd Called Session, 1929, are amended to
3-14 read as follows:
3-15 Sec. 6. The Board of Directors of the Brazos River Authority
3-16 shall have twenty-one (21) members. Members of the Board and their
3-17 successors shall serve for a term of six (6) years and until their
3-18 successors are designated and qualified. On February 1, of each
3-19 odd-numbered year, the terms of seven (7) members of the Board
3-20 expire. The persons serving on the Board on the effective date of
3-21 this amendment shall continue to serve for their unexpired terms.
3-22 The Governor shall appoint seven (7) persons each biennium with the
3-23 advice and consent of the Senate to serve on the Board of Directors
3-24 of the Brazos River Authority and not more than sixty (60) days
3-25 thereafter each of said Directors shall take and subscribe to an
3-26 oath of office, similar in character to the oaths administered to
3-27 County Commissioners and shall execute bond in the sum of Five
3-28 Thousand ($5,000.00) Dollars each, payable to the Authority, the
3-29 premium on said bonds to be paid by the Authority which bonds after
3-30 being recorded in the official bond records of the county in which
3-31 the Authority maintains its office shall be deposited with a
3-32 depository selected and approved for the deposit of the funds of
3-33 the Authority. All vacancies occurring in the Board of Directors
3-34 shall be filled by appointment of the Governor with the advice and
3-35 consent of the Senate. Seven (7) members shall constitute a quorum
3-36 to transact business. No more than two (2) of said Directors shall
3-37 be appointed who reside in the same county at the time of their
3-38 appointment.
3-39 The Board of Directors shall elect one (1) of their number
3-40 Chairman [President], one (1) Vice-Chairman [Vice-President], one
3-41 (1) Secretary and appoint a Treasurer who shall furnish a bond in
3-42 the sum of seventy-five (75%) per cent of the amount of money
3-43 estimated to be on hand during the year, in no event to be more
3-44 than One Hundred Thousand ($100,000.00) Dollars.
3-45 Sec. 12. In the prosecution of the plans for which the
3-46 district has been created for the storing, controlling, conserving
3-47 and distributing to useful purposes of the storm, flood and
3-48 unappropriated flow waters of the Brazos River watershed and
3-49 developed groundwater from the Brazos River Basin for the use of
3-50 its customers, the district shall be recognized to have the right
3-51 to make use of the bed and banks of the Brazos River and its
3-52 tributary streams for any and all purposes necessary to the
3-53 accomplishment of the plans of the district.
3-54 SECTION 4. This Act takes effect September 1, 2001.
3-55 * * * * *