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By:  Duncan                                                       S.B. No. 1227


A BILL TO BE ENTITLED

AN ACT

relating to authority of political subdivisions to exercise the 
power of eminent domain to acquire rights to water.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 21, Property Code, is 
amended by adding Section 21.0121 to read as follows:
	Sec. 21.0121.  CONDEMNATION TO ACQUIRE WATER RIGHTS.  
(a)  In addition to the contents prescribed by Section 21.012(b), a 
condemnation petition filed by a political subdivision of this 
state for the purpose of acquiring rights to groundwater or surface 
water must state that the facts to be proven are that the political 
subdivision has:
		(1)  prepared a drought contingency plan;                              
		(2)  developed and implemented a water conservation 
plan that will result in the highest practicable levels of water 
conservation and efficiency achievable in the political 
subdivision's jurisdiction;
		(3)  made a bona fide good faith effort to obtain 
practicable alternative water supplies to the water rights the 
political subdivision proposes to condemn;
		(4)  made a bona fide good faith effort to acquire the 
rights to the water the political subdivision proposes to condemn 
by voluntary purchase or lease; and
		(5)  made a showing that the political subdivision 
needs the water rights to provide for the domestic needs of the 
political subdivision within the next 10-year period.
	(b)  A court shall deny the right to condemn unless the 
political subdivision proves to the court that the political 
subdivision has met the requirements of Subsection (a).
	SECTION 2.  This Act takes effect September 1, 2003.