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By:  Flores                                                       H.B. No. 2250



A BILL TO BE ENTITLED

AN ACT

relating to the duties of the Rio Grande watermaster.                         
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 11.3271, Water Code, is added to read as 
follows:        
	Sec. 11.3271.  DUTIES OF RIO GRANDE WATERMASTER.  (a)  This 
section applies to the watermaster with jurisdiction for the Rio 
Grande.
	(b)  The watermaster shall divide the water of the streams or 
other sources of supply of the division in accordance with the 
adjudicated water rights.
	(c)  The watermaster shall regulate or cause to be regulated 
the controlling works of reservoirs and diversion works in time of 
water shortage, as is necessary because of the rights existing in 
the streams of his division, or as is necessary to prevent the waste 
of water or its diversion, taking, storage, or use in excess of the 
quantities to which the holders of water rights are lawfully 
entitled.
	(d)  The watermaster may regulate the distribution of water 
from any system of works that serves users whose rights have been 
separately determined.
	(e)  The watermaster's duties shall not include activities 
that relate to other programs of the commission, except as provided 
in this section.  The watermaster's duties shall include activities 
that relate to situations of imminent threat to public health and 
safety or the environment.  The commission by rule shall define 
situations of imminent threat under this section, and the rules 
must address terrorism response.
	(f)  The watermaster, under a permit issued by and in 
accordance with rules prescribed by the commission, may store for 
release at a later time water in transit in a reservoir en route to 
the place of use or point of diversion by the purchaser.  In this 
section, "water in transit" means water, not including state water, 
that a person has pumped from an underground reservoir from the 
point of discharge into the river to the place of use or the point of 
diversion by a person who has contracted with the owner of the water 
in transit to purchase, provided that the contract specify that the 
contract is for the purchase and delivery of a specified amount of 
water less the carriage losses incurred in transit, as described 
and measured by commission rules.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  As soon as practicable after September 1, 2003, the 
Texas Natural Resources Conservation Commission shall adopt rules 
necessary for the implementation of this Act and shall expedite any 
application for a permit to be issued under Section 11.3271, Water 
Code, as added by this Act.