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 * * * * *