By Counts H.B. No. 3096
77R8039 QS-F
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 2002. 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 50 percent of the
2-5 undivided interest in the Post Reservoir project in partnership
2-6 with local or regional interests. Purchase of the board's interest
2-7 in the reservoir by such local or regional entities shall begin not
2-8 later than 20 years after the board's execution of the contract
2-9 with local entities for the board's participation in the project.
2-10 The legislature finds that the cost of acquisition of the site for
2-11 the Post Reservoir project exceeds the current financing
2-12 capabilities of the area involved, and the optimum regional
2-13 development of the Post Reservoir site cannot be reasonably
2-14 financed by local interests without state participation. The
2-15 legislature further finds that it is reasonable to expect that the
2-16 state will recover its investment in the project.
2-17 ARTICLE 2
2-18 SECTION 2.01. Sections 8 and 9, Chapter 221, Acts of the 55th
2-19 Legislature, Regular Session, 1957, are amended to read as follows:
2-20 Sec. 8. The District is authorized to acquire, [or]
2-21 construct, own, or operate within or without the boundaries of the
2-22 District [but not outside any County in which the District is
2-23 located], a dam or dams and all works, plants and other facilities
2-24 necessary or useful for the purpose of impounding, processing and
2-25 transporting water to Cities and others for municipal, domestic,
2-26 industrial and mining purposes. The size of the dam and reservoir
2-27 shall be determined by the Board of Directors, taking into
3-1 consideration probable future increases in water requirements, and
3-2 the size of the dam shall not be limited by the amount of water
3-3 initially authorized by the Board of Water Engineers to be
3-4 impounded therein. No dam or other facilities for impounding water
3-5 shall be constructed until the plans therefor are approved by the
3-6 Board of Water Engineers.
3-7 Sec. 9. The District is empowered to acquire land within or
3-8 without the boundaries of the District [but not outside any County
3-9 in which the district is located], and to construct, lease or
3-10 otherwise acquire all works, plants and other facilities necessary
3-11 or useful for the purpose of diverting, further impounding or
3-12 storing water, processing such water and transporting it to Cities
3-13 and others for municipal, domestic, industrial and mining purposes.
3-14 Subject to the terms of any deed of trust issued by the District,
3-15 the District may sell, trade or otherwise dispose of any real or
3-16 personal property deemed by the Board of Directors not to be needed
3-17 for District purposes. The District is not authorized to develop
3-18 or otherwise acquire underground sources of water.
3-19 SECTION 2.02. Section 10(a), Chapter 221, Acts of the 55th
3-20 Legislature, Regular Session, 1957, is amended to read as follows:
3-21 (a) For the purpose of carrying out any power or authority
3-22 conferred by this Act the District shall have the right to acquire
3-23 the fee simple title to land and other property and easements
3-24 (including land needed for the reservoir and dam and flood
3-25 easements above the probable high water line around any such
3-26 reservoirs) within or without the boundaries of the District[, but
3-27 not outside any County in which the District is located,] by
4-1 condemnation in the manner provided by Title 52, Revised Civil
4-2 Statutes, as amended, relating to eminent domain. This District is
4-3 hereby declared to be a municipal corporation within the meaning of
4-4 Article 3268 of said Title 52, except that the District shall not
4-5 have the right to so condemn any property which may be owned by any
4-6 other political subdivision, City or Town; provided, however, that
4-7 as against persons, firms, and corporations, or receivers or
4-8 trustees thereof, who have the power of eminent domain, the fee
4-9 title may not be condemned, but the District may condemn only an
4-10 easement. The amount of and character of interest in land, other
4-11 property and easements thus to be acquired shall be determined by
4-12 the Board of Directors. The District shall have the same power as
4-13 is conferred upon water control and improvement districts by
4-14 Section 49 of Chapter 25, Acts of the Thirty-ninth Legislature,
4-15 with reference to making surveys and attending to other business of
4-16 the District.
4-17 ARTICLE 3
4-18 SECTION 3.01. This Act takes effect immediately if it
4-19 receives a vote of two-thirds of all the members elected to each
4-20 house, as provided by Section 39, Article III, Texas Constitution.
4-21 If this Act does not receive the vote necessary for immediate
4-22 effect, this Act takes effect September 1, 2001.