By Lindsay                                            S.B. No. 1832
         77R14222 SGA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to establishing a voluntary greenbelt water use reduction
 1-3     program by the North Harris County Regional Water Authority.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 1.02, Chapter 1029, Acts of the 76th
 1-6     Legislature, Regular Session, 1999, is amended by adding
 1-7     Subdivisions (12)-(15) to read as follows:
 1-8                 (12)  "Greenbelt area" means an area that is:
 1-9                       (A)  not associated with a residence; and
1-10                       (B)  used primarily for recreational, park, or
1-11     scenic use, as defined by Section 23.81, Tax Code.
1-12                 (13)  "Member" means a person who has joined the
1-13     voluntary greenbelt water use reduction program under Section 4.14
1-14     of this Act.
1-15                 (14)  "Program" means the voluntary greenbelt water use
1-16     reduction program under Section 4.14 of this Act.
1-17                 (15)  "Water for reuse" means water that remains
1-18     unconsumed after the water is used for its original purpose and
1-19     before that water is disposed of or discharged or otherwise allowed
1-20     to flow into a watercourse, lake, or other body of state-owned
1-21     water.
1-22           SECTION 2.  Article 4, Chapter 1029, Acts of the 76th
1-23     Legislature, Regular Session, 1999, is amended by adding Section
1-24     4.14 to read as follows:
 2-1           Sec. 4.14. VOLUNTARY GREENBELT WATER USE REDUCTION PROGRAM.
 2-2     (a)  The authority shall establish a voluntary greenbelt water use
 2-3     reduction program.
 2-4           (b)  A person who uses groundwater to irrigate greenbelt
 2-5     areas within the boundaries of the authority may become a member of
 2-6     the program by registering with the authority and agreeing to meet
 2-7     the requirements of Subsection (c) of this section.  The authority
 2-8     shall open registration in the program not later than September 1,
 2-9     2001.
2-10           (c)  To qualify for membership in the program, a person must
2-11     agree to voluntarily reduce, beginning on the later of January 1,
2-12     2004, or 90 days after the date the person joins the program,
2-13     groundwater withdrawals for greenbelt irrigation to an amount equal
2-14     to one-half the amount of groundwater the member would be entitled
2-15     to withdraw under the rules of the subsidence district.
2-16           (d)  To encourage membership in the program and a reduction
2-17     in groundwater withdrawals, the authority shall contract with each
2-18     member to deliver water for reuse to serve as a substitute for
2-19     groundwater.  The authority shall charge for water delivered under
2-20     a contract an amount not to exceed the lesser of 50 percent of the
2-21     fee that would be charged under Section 4.03(b) of this Act for
2-22     pumping that amount of groundwater or 40 cents for each 1,000
2-23     gallons of water delivered.  A contract expires if the member fails
2-24     to reduce groundwater withdrawals as required by Subsection (c) of
2-25     this section.
2-26           (e)  The authority shall acquire rights to sufficient water
2-27     for reuse to meet the needs of all members in the program not later
 3-1     than January 1, 2004.  If a new member joins the program after
 3-2     January 1, 2004, the authority shall acquire rights to sufficient
 3-3     water for reuse to meet the needs of the new member not later than
 3-4     90 days after the date the new member joins the program.
 3-5           (f)  If the authority does not deliver sufficient water for
 3-6     reuse to meet the needs of all members of the program as required
 3-7     by Subsection (e) of this section, any member whose needs are not
 3-8     met by the authority is entitled to withdraw groundwater up to the
 3-9     maximum amount allowed under the rules of the subsidence district.
3-10     The fee charged by the authority under Section 4.03(b) of this Act
3-11     for groundwater pumped to replace water for reuse that was not
3-12     delivered by the authority may not exceed the fee that would have
3-13     been charged under Subsection (d) of this section for delivery of
3-14     that amount of water for reuse.
3-15           (g)  Notwithstanding Sections 11.042 and 11.046, Water Code,
3-16     the authority may use the bed and bank of any flowing natural
3-17     stream to convey water for reuse to members of the program under
3-18     this section.  Water for reuse conveyed in that manner is not
3-19     considered surplus water or water of the state until the water
3-20     exits the authority.  The authority may authorize the diversion or
3-21     withdrawal of water for reuse within its boundaries.
3-22           (h)  Notwithstanding Section 4.03 of this Act, the authority
3-23     may not charge a member of the program a withdrawal or pumpage fee
3-24     of more than 25 cents for each 1,000 gallons of groundwater
3-25     withdrawn for greenbelt irrigation.  This subsection expires
3-26     December 31, 2003.
3-27           (i)  This section prevails over any inconsistent provisions
 4-1     of this Act.
 4-2           SECTION 3.  This Act takes effect immediately if it receives
 4-3     a vote of two-thirds of all the members elected to each house, as
 4-4     provided by Section 39, Article III, Texas Constitution.  If this
 4-5     Act does not receive the vote necessary for immediate effect, this
 4-6     Act takes effect September 1, 2001.