1-1     By:  Counts (Senate Sponsor - Duncan)                 H.B. No. 3096
 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 10, 2001, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the development of a water supply reservoir project at
 1-9     a site known as the Post Reservoir site in Garza County, Texas.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11                                  ARTICLE 1
1-12           SECTION 1.01. The legislature designates a site known as the
1-13     Post Reservoir site on the north fork of the Double Mountain Fork
1-14     of the Brazos River, northeast of Post, Texas, as a site of unique
1-15     value for the construction of a dam and reservoir on the Brazos
1-16     River under Section 16.051(f)(2), Water Code, to impound water
1-17     derived from the unappropriated flows of the Brazos River.  The
1-18     White River Municipal Water District holds a current water rights
1-19     permit for the site (TNRCC Certificate of Adjudication 12-3711).  A
1-20     permit extension was granted in 1999, with construction to begin in
1-21     2004.  The legislature finds that construction and development of
1-22     the Post Reservoir project, and the impoundment, diversion, and use
1-23     of the unappropriated flows of the Brazos River are in the public
1-24     interest and would constitute a beneficial use of the water.  The
1-25     legislature further finds that conditions warrant a Texas Water
1-26     Development Board waiver of the requirement that the project meet
1-27     needs in a manner consistent with the state and regional water
1-28     plans.  The legislature further finds that the project shall
1-29     receive priority for existing and uncommitted bond authorization in
1-30     the state participation account.
1-31           SECTION 1.02. Using the state participation account of the
1-32     Texas Water Development Fund II to encourage optimal regional
1-33     development of the Post Reservoir project, the Texas Water
1-34     Development Board is authorized to acquire up to 100 percent of the
1-35     undivided interest in the Post Reservoir project in partnership
1-36     with local or regional interests.  Purchase of the Texas Water
1-37     Development Board's interest in the reservoir by such local or
1-38     regional entities shall begin not later than 20 years after the
1-39     Texas Water Development Board's execution of the contract with
1-40     local entities for the Texas Water Development Board's
1-41     participation in the project.  The legislature finds that the cost
1-42     of acquisition of the site for the Post Reservoir project exceeds
1-43     the current financing capabilities of the area involved, and the
1-44     optimum regional development of the Post Reservoir site cannot be
1-45     reasonably financed by local interests without state participation.
1-46     The legislature further finds that it is reasonable to expect that
1-47     the state will recover its investment in the project.
1-48                                  ARTICLE 2
1-49           SECTION 2.01. Sections 8 and 9, Chapter 221, Acts of the 55th
1-50     Legislature, Regular Session, 1957, are amended to read as follows:
1-51           Sec. 8. The District is authorized to acquire, [or]
1-52     construct, own, or operate within or without the boundaries of the
1-53     District [but not outside any County in which the District is
1-54     located], a dam or dams and all works, plants and other facilities
1-55     necessary or useful for the purpose of impounding, processing and
1-56     transporting water to Cities and others for municipal, domestic,
1-57     industrial and mining purposes.  The size of the dam and reservoir
1-58     shall be determined by the Board of Directors, taking into
1-59     consideration probable future increases in water requirements, and
1-60     the size of the dam shall not be limited by the amount of water
1-61     initially authorized by the Board of Water Engineers to be
1-62     impounded therein.  No dam or other facilities for impounding water
1-63     shall be constructed until the plans therefor are approved by the
1-64     Board of Water Engineers.
 2-1           Sec. 9. The District is empowered to acquire land within or
 2-2     without the boundaries of the District [but not outside any County
 2-3     in which the district is located], and to construct, lease or
 2-4     otherwise acquire all works, plants and other facilities necessary
 2-5     or useful for the purpose of diverting, further impounding or
 2-6     storing water, processing such water and transporting it to Cities
 2-7     and others for municipal, domestic, industrial and mining purposes.
 2-8     Subject to the terms of any deed of trust issued by the District,
 2-9     the District may sell, trade or otherwise dispose of any real or
2-10     personal property deemed by the Board of Directors not to be needed
2-11     for District purposes.  [The District is not authorized to develop
2-12     or otherwise acquire underground sources of water.]
2-13           SECTION 2.02. Section 10(a), Chapter 221, Acts of the 55th
2-14     Legislature, Regular Session, 1957, is amended to read as follows:
2-15           (a)  For the purpose of carrying out any power or authority
2-16     conferred by this Act the District shall have the right to acquire
2-17     the fee simple title to land and other property and easements
2-18     (including land needed for the reservoir and dam and flood
2-19     easements above the probable high water line around any such
2-20     reservoirs) within or without the boundaries of the District[, but
2-21     not outside any County in which the District is located,] by
2-22     condemnation in the manner provided by Title 52, Revised Civil
2-23     Statutes, as amended, relating to eminent domain.  This District is
2-24     hereby declared to be a municipal corporation within the meaning of
2-25     Article 3268 of said Title 52, except that the District shall not
2-26     have the right to so condemn any property which may be owned by any
2-27     other political subdivision, City or Town; provided, however, that
2-28     as against persons, firms, and corporations, or receivers or
2-29     trustees thereof, who have the power of eminent domain, the fee
2-30     title may not be condemned, but the District may condemn only an
2-31     easement.  The amount of and character of interest in land, other
2-32     property and easements thus to be acquired shall be determined by
2-33     the Board of Directors.  The District shall have the same power as
2-34     is conferred upon water control and improvement districts by
2-35     Section 49 of Chapter 25, Acts of the Thirty-ninth Legislature,
2-36     with reference to making surveys and attending to other business of
2-37     the District.
2-38                                  ARTICLE 3
2-39           SECTION 3.01. This Act takes effect immediately if it
2-40     receives a vote of two-thirds of all the members elected to each
2-41     house, as provided by Section 39, Article III, Texas Constitution.
2-42     If this Act does not receive the vote necessary for immediate
2-43     effect, this Act takes effect September 1, 2001.
2-44                                  * * * * *