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.