H.B. 1756 78(R)    BILL ANALYSIS


H.B. 1756
By: Hilderbran
Natural Resources
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Menard County has an extremely limited supply of both surface water and
groundwater. The Region F Regional Water Plan of 2002  estimates that the
combined current available water supply under drought conditions for the
585,000 acres of Menard County is 7080 acre-feet/year.  The total maximum
potential water supply is about 29,000 acre-feet/year, comprised of the
9995 acre-feet of adjudicated water rights in the San Saba River, and
19,000 acre feet of availability in the EdwardsTrinity aquifer, which is
the primary groundwater supply.  

The Menard County Water Conservation and Improvement District (district)
manages water in this area.  In order to be effective, the district
requires a name change and permission to allow the board to serve on the
Menard County Underground Water District without violating the common-law
doctrine of incompatibility. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 1756 changes the name of the Menard County Water Control and
Improvement District No. 1 to Menard County Water Conservation and
Improvement District; authorizes a board of directors separate from that
of the Menard County Underground Water District but allows a board member
to serve on both boards; and authorizes the District to establish a
Menard-San Saba River Water Trust to lease or purchase adjudicated or
permitted water rights within the county for irrigation, recreation or
instream flows. Rights held by the Trust would not be subject to
cancellation under Chapter 11 of the Texas Water Code. 


EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2003. 


EXPLANATION OF AMENDMENTS

Amendment No. 1 strikes language in H.B. 1756 relating to the creation of
the Menard-San Saba River Water Trust.