77R11197 QS-D
By Counts H.B. No. 3096
Substitute the following for H.B. No. 3096:
By Counts C.S.H.B. No. 3096
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development of a water supply reservoir project at
1-3 a site known as the Post Reservoir site in Garza County, Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1
1-6 SECTION 1.01. The legislature designates a site known as the
1-7 Post Reservoir site on the north fork of the Double Mountain Fork
1-8 of the Brazos River, northeast of Post, Texas, as a site of unique
1-9 value for the construction of a dam and reservoir on the Brazos
1-10 River under Section 16.051(f)(2), Water Code, to impound water
1-11 derived from the unappropriated flows of the Brazos River. The
1-12 White River Municipal Water District holds a current water rights
1-13 permit for the site (TNRCC Certificate of Adjudication 12-3711). A
1-14 permit extension was granted in 1999, with construction to begin in
1-15 2004. The legislature finds that construction and development of
1-16 the Post Reservoir project, and the impoundment, diversion, and use
1-17 of the unappropriated flows of the Brazos River are in the public
1-18 interest and would constitute a beneficial use of the water. The
1-19 legislature further finds that conditions warrant a Texas Water
1-20 Development Board waiver of the requirement that the project meet
1-21 needs in a manner consistent with the state and regional water
1-22 plans. The legislature further finds that the project shall
1-23 receive priority for existing and uncommitted bond authorization in
1-24 the state participation account.
2-1 SECTION 1.02. Using the state participation account of the
2-2 Texas Water Development Fund II to encourage optimal regional
2-3 development of the Post Reservoir project, the Texas Water
2-4 Development Board is authorized to acquire up to 100 percent of the
2-5 undivided interest in the Post Reservoir project in partnership
2-6 with local or regional interests. Purchase of the Texas Water
2-7 Development Board's interest in the reservoir by such local or
2-8 regional entities shall begin not later than 20 years after the
2-9 Texas Water Development Board's execution of the contract with
2-10 local entities for the Texas Water Development Board's
2-11 participation in the project. The legislature finds that the cost
2-12 of acquisition of the site for the Post Reservoir project exceeds
2-13 the current financing capabilities of the area involved, and the
2-14 optimum regional development of the Post Reservoir site cannot be
2-15 reasonably financed by local interests without state participation.
2-16 The legislature further finds that it is reasonable to expect that
2-17 the state will recover its investment in the project.
2-18 ARTICLE 2
2-19 SECTION 2.01. Sections 8 and 9, Chapter 221, Acts of the 55th
2-20 Legislature, Regular Session, 1957, are amended to read as follows:
2-21 Sec. 8. The District is authorized to acquire, [or]
2-22 construct, own, or operate within or without the boundaries of the
2-23 District [but not outside any County in which the District is
2-24 located], a dam or dams and all works, plants and other facilities
2-25 necessary or useful for the purpose of impounding, processing and
2-26 transporting water to Cities and others for municipal, domestic,
2-27 industrial and mining purposes. The size of the dam and reservoir
3-1 shall be determined by the Board of Directors, taking into
3-2 consideration probable future increases in water requirements, and
3-3 the size of the dam shall not be limited by the amount of water
3-4 initially authorized by the Board of Water Engineers to be
3-5 impounded therein. No dam or other facilities for impounding water
3-6 shall be constructed until the plans therefor are approved by the
3-7 Board of Water Engineers.
3-8 Sec. 9. The District is empowered to acquire land within or
3-9 without the boundaries of the District [but not outside any County
3-10 in which the district is located], and to construct, lease or
3-11 otherwise acquire all works, plants and other facilities necessary
3-12 or useful for the purpose of diverting, further impounding or
3-13 storing water, processing such water and transporting it to Cities
3-14 and others for municipal, domestic, industrial and mining purposes.
3-15 Subject to the terms of any deed of trust issued by the District,
3-16 the District may sell, trade or otherwise dispose of any real or
3-17 personal property deemed by the Board of Directors not to be needed
3-18 for District purposes. [The District is not authorized to develop
3-19 or otherwise acquire underground sources of water.]
3-20 SECTION 2.02. Section 10(a), Chapter 221, Acts of the 55th
3-21 Legislature, Regular Session, 1957, is amended to read as follows:
3-22 (a) For the purpose of carrying out any power or authority
3-23 conferred by this Act the District shall have the right to acquire
3-24 the fee simple title to land and other property and easements
3-25 (including land needed for the reservoir and dam and flood
3-26 easements above the probable high water line around any such
3-27 reservoirs) within or without the boundaries of the District[, but
4-1 not outside any County in which the District is located,] by
4-2 condemnation in the manner provided by Title 52, Revised Civil
4-3 Statutes, as amended, relating to eminent domain. This District is
4-4 hereby declared to be a municipal corporation within the meaning of
4-5 Article 3268 of said Title 52, except that the District shall not
4-6 have the right to so condemn any property which may be owned by any
4-7 other political subdivision, City or Town; provided, however, that
4-8 as against persons, firms, and corporations, or receivers or
4-9 trustees thereof, who have the power of eminent domain, the fee
4-10 title may not be condemned, but the District may condemn only an
4-11 easement. The amount of and character of interest in land, other
4-12 property and easements thus to be acquired shall be determined by
4-13 the Board of Directors. The District shall have the same power as
4-14 is conferred upon water control and improvement districts by
4-15 Section 49 of Chapter 25, Acts of the Thirty-ninth Legislature,
4-16 with reference to making surveys and attending to other business of
4-17 the District.
4-18 ARTICLE 3
4-19 SECTION 3.01. This Act takes effect immediately if it
4-20 receives a vote of two-thirds of all the members elected to each
4-21 house, as provided by Section 39, Article III, Texas Constitution.
4-22 If this Act does not receive the vote necessary for immediate
4-23 effect, this Act takes effect September 1, 2001.