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.