By: Sibley S.B. No. 1657
2001S0716/1
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Brazos River Authority to
1-3 discover, develop, produce, and use groundwater in the Brazos River
1-4 Basin and environs.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 2, 3, and 4, Chapter 13, Special Laws,
1-7 Acts of the 41st Legislature, 2nd Called Session, 1929, are amended
1-8 to read as follows:
1-9 Sec. 2. The Brazos River Conservation and Reclamation
1-10 District is created as a governmental agency, a municipality, body
1-11 politic and corporate, vested with all the authority as such under
1-12 the Constitution and Laws of the State; and shall have and be
1-13 recognized to exercise all of the powers of such governmental
1-14 agency and body politic and corporate as are expressly authorized
1-15 in the provisions of the Constitution, Section 59 of Article 16,
1-16 for Districts created to conserve, control, and utilize to
1-17 beneficial service the storm and flood waters of the rivers and
1-18 streams of the State, or such powers as may be contemplated and
1-19 implied by the purposes of this provision of the Constitution, and
1-20 as may conferred by General Law, and in the provisions of this Act;
1-21 and shall have and be recognized to exercise all the rights and
1-22 powers of an independent governmental agency, municipality, body
1-23 politic and corporate to formulate any and all plans deemed
1-24 essential to the operation of the District and for its
1-25 administration in the control, storing, preservation and
2-1 distribution to all useful purposes of the storm and flood waters
2-2 of the Brazos River and its tributary streams; as such District,
2-3 shall have and be recognized to exercise such authority and power
2-4 of control and regulation over such storm and flood waters of the
2-5 Brazos River and its tributaries as may be exercised by the State
2-6 of Texas, subject to the provisions of the Constitution and the
2-7 Acts of the Legislature. In addition, the Brazos River Authority
2-8 shall have and is recognized to exercise such authority to
2-9 discover, develop, produce and use groundwater in the Brazos River
2-10 Basin and environs.
2-11 Sec. 3. The Brazos River Conservation and Reclamation
2-12 District shall have and be recognized to exercise, in addition to
2-13 all the general powers vested by virtue of the constitution and
2-14 statutes in a governmental agency and body politic and corporate,
2-15 for the greatest practicable measure of the conservation and
2-16 beneficial utilization of storm, flood and unappropriated flow
2-17 waters, the powers of control and employment of such flood, storm
2-18 and unappropriated flow waters and groundwater of the said district
2-19 in the manner and for the particular purposes hereinafter set
2-20 forth.
2-21 (a) To provide through the only practical and legal means
2-22 for the control and the coordination of the regulation of the
2-23 waters of the watershed of the Brazos River and its tributary
2-24 streams as a unit.
2-25 (b) To provide by adequate organization and administration
2-26 for the preservation of the equitable rights of the people of the
3-1 different sections of the watershed area in the beneficial use of
3-2 storm, flood and unappropriated flow waters of the Brazos River and
3-3 its tributary streams.
3-4 (c) For storing, controlling and conserving storm, flood and
3-5 unappropriated flow waters of the Brazos River and its tributaries,
3-6 and the prevention of the escape of any of such waters without the
3-7 maximum of public service; for the prevention of devastation of
3-8 lands from recurrent overflows, and the protection of life and
3-9 property in such watershed area from uncontrolled flood waters.
3-10 (d) For the conservation of waters essential for the
3-11 domestic uses of the people of the watershed of the Brazos River
3-12 and its tributaries, including all necessary water supplies for
3-13 cities and towns.
3-14 (e) For the irrigation of lands in the watershed of the
3-15 Brazos River and its tributary streams where irrigation is required
3-16 for agricultural purposes or may be deemed helpful to more
3-17 profitable agricultural production; and for the equitable
3-18 distribution of storm, flood and unappropriated flow waters to the
3-19 regional potential requirements for all uses. All plans and all
3-20 works provided by said districts, and as well, all works which may
3-21 be provided under authority of said district should have primary
3-22 regard to the necessary and potential needs for water, by or within
3-23 the respective areas constituting the watershed of the Brazos River
3-24 and its tributary streams.
3-25 (f) For the better encouragement and development of drainage
3-26 systems and provisions for drainage of lands in the valleys of the
4-1 Brazos River and its tributary streams needing drainage for
4-2 profitable agricultural production; and drainage for other lands in
4-3 the watershed area of the district requiring drainage for the most
4-4 advantageous use.
4-5 (g) For the purpose of conservation of all soils against
4-6 destructive erosion and thereby preventing the increased flood
4-7 menace incident thereto.
4-8 (h) To control and make available for employment flood,
4-9 storm and unappropriated flow waters in the development of
4-10 commercial and industrial enterprises in all sections of the
4-11 watershed area of the district.
4-12 (i) For the control, storing and employment of flood, storm
4-13 and unappropriated flow waters in the development and distribution
4-14 of hydro-electric power, where use may be economically coordinated
4-15 with other and superior uses, and subordinated to the uses declared
4-16 by law to be superior.
4-17 (j) To develop and make groundwater available for use for
4-18 domestic, municipal, irrigation, commercial and industrial
4-19 purposes.
4-20 (k) And for each and every purpose for which flood, storm
4-21 and unappropriated flow waters when controlled and conserved may be
4-22 utilized in the performance of a useful service as contemplated and
4-23 authorized by the provisions of the Constitution and the public
4-24 policy therein declared.
4-25 (l) [(k)] Nothing in this Act shall affect or repeal
4-26 Articles 7496, 7500A of 1925 Revised Statutes or Article 7471
5-1 Revised Statutes of 1925 as amended by Chapter 128 Acts of the
5-2 Regular Session of the 42nd Legislature.
5-3 Sec. 4. The powers and duties herein devolved upon the
5-4 Brazos River Conservation and Reclamation District are recognized
5-5 to be taken subject to all legislative declarations of public
5-6 policy in the maximum utilization of the storm, flood and
5-7 unappropriated flow waters of the Brazos River watershed and
5-8 developed groundwater of the Brazos River Basin and environs for
5-9 the purposes for which the district is created, as expressed and
5-10 indicated in this Act, and subject to the continuing rights of
5-11 supervision by the State which shall be exercised through the State
5-12 Board of Water Engineers, which agency shall be charged with the
5-13 authority and duty to approve, or to refuse to approve, the
5-14 adequacy of any plan or plans for flood control or conservation
5-15 improvement purposes devised by the district for the achievement of
5-16 the plans and purposes intended in the creation of the district,
5-17 and which plans contemplate improvements supervised by the
5-18 respective State authority under the provisions of the general law.
5-19 SECTION 2. Section 5-b, Chapter 368, Acts of the 44th
5-20 Legislature, 1st Called Session, 1935, is amended to read as
5-21 follows:
5-22 Sec. 5-b. Nothing in this Act shall have the effect of
5-23 changing any existing priority of right under the laws of the State
5-24 to the use of waters of the State of Texas including any rights of
5-25 municipalities which maintain and use storage structures in the bed
5-26 of the Brazos River or its tributaries.
6-1 SECTION 3. Sections 6 and 12, Chapter 13, Special Laws, Acts
6-2 of the 41st Legislature, 2nd Called Session, 1929, are amended to
6-3 read as follows:
6-4 Sec. 6. The Board of Directors of the Brazos River Authority
6-5 shall have twenty-one (21) members. Members of the Board and their
6-6 successors shall serve for a term of six (6) years and until their
6-7 successors are designated and qualified. On February 1, of each
6-8 odd-numbered year, the terms of seven (7) members of the Board
6-9 expire. The persons serving on the Board on the effective date of
6-10 this amendment shall continue to serve for their unexpired terms.
6-11 The Governor shall appoint seven (7) persons each biennium with the
6-12 advice and consent of the Senate to serve on the Board of Directors
6-13 of the Brazos River Authority and not more than sixty (60) days
6-14 thereafter each of said Directors shall take and subscribe to an
6-15 oath of office, similar in character to the oaths administered to
6-16 County Commissioners and shall execute bond in the sum of Five
6-17 Thousand ($5,000.00) Dollars each, payable to the Authority, the
6-18 premium on said bonds to be paid by the Authority which bonds after
6-19 being recorded in the official bond records of the county in which
6-20 the Authority maintains its office shall be deposited with a
6-21 depository selected and approved for the deposit of the funds of
6-22 the Authority. All vacancies occurring in the Board of Directors
6-23 shall be filled by appointment of the Governor with the advice and
6-24 consent of the Senate. Seven (7) members shall constitute a quorum
6-25 to transact business. No more than two (2) of said Directors shall
6-26 be appointed who reside in the same county at the time of their
7-1 appointment.
7-2 The Board of Directors shall elect one (1) of their number
7-3 Chairman [President], one (1) Vice-Chairman [Vice-President], one
7-4 (1) Secretary and appoint a Treasurer who shall furnish a bond in
7-5 the sum of seventy-five (75%) per cent of the amount of money
7-6 estimated to be on hand during the year, in no event to be more
7-7 than One Hundred Thousand ($100,000.00) Dollars.
7-8 Sec. 12. In the prosecution of the plans for which the
7-9 district has been created for the storing, controlling, conserving
7-10 and distributing to useful purposes of the storm, flood and
7-11 unappropriated flow waters of the Brazos River watershed and
7-12 developed groundwater from the Brazos River Basin and environs, the
7-13 district shall be recognized to have the right to make use of the
7-14 bed and banks of the Brazos River and its tributary streams for any
7-15 and all purposes necessary to the accomplishment of the plans of
7-16 the district.
7-17 SECTION 4. This Act takes effect September 1, 2001.