BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 268

79R1513 QS-D                                                                                                         By: Madla et al.

                                                                                                                               Natural Resources

2/22/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

During the 78th Legislature, Regular Session, Subchapter G, Chapter 11, Water Code, was amended by the addition of Section 11.3271.  The amendment clarified that the Rio Grande watermaster has authority, pursuant to rules prescribed by the Texas Commission on Environmental Quality, to use the Rio Grande River as a means to transport groundwater sold to a downstream user.

Permitting such water use would contradict future conservation and best management practices as the state continues to encourage conservation as a strategy to meet future water needs.  As proposed, S.B. 268 repeals Section 11.3271, Water Code.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer: Section 11.3271 (Powers and Duties of Rio Grande Watermaster; Delivery of Water Down Banks and Bed of Rio Grande), Water Code, as added by Chapters 281 and 385, Acts of the 78th Legislature, Regular Session, 2003.

SECTION 2.  Effective date: upon passage or September 1, 2005.