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.