By: Oliveira H.B. No. 2527
A BILL TO BE ENTITLED
AN ACT
relating to water allocations involving excluded irrigation land in
areas which are within 30 miles of the Rio Grande and within 50
miles of the Laguna Madre.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Water Code Section 49.314, is amended to read as
follows:
Sec. 49.314. Water Allocations
(a) After the district in a county within 30 miles of the Rio
Grande and within 50 miles of the Laguna Madre adopts an order
excluding property, whether such exclusion took place under the
Water Code or under Article 8280-3.2 or under Article 8280-3.5 or
under Article 973c since its adoption or any subsequent amendment,
or any other exclusion statute granting to a district the right to
exclude land if such exclusion occurred after the effective date of
such other exclusion statute, a city or water supply corporation
that serves the excluded land with a potable water supply may
petition the district to apply to the commission to convert the
proportionate irrigation water right previously associated with
the excluded land from irrigation use to municipal use for the use
and benefit of the city or water supply corporation. The district
shall compute the proportionate amount of water rights that are
associated with the land and shall proceed with appropriate
administrative proceedings to convert the irrigation use to
municipal use. of the land excluded as non-irrigated property, as
determined by the district, from irrigation use to municipal use
allocation. The city or water supply corporation shall have the
right to appeal the district's computation of the proportionate
amount of water rights that are associated with the land.
(b) The district shall make such application to the
commission within 30 days of the filing of a petition by the city or
water supply corporation that serves the land with a potable water
supply provided the city or other water supply corporation pays the
district the amount the district estimates will its reasonable
expenses and attorneys fees incurred in the commission conversion
proceedings and enters into an agreement with the district setting
forth the basis on which the water allocation shall be delivered, or
made available, to the city or water supply corporation covering
such terms as the entities may agree to, and in the event the
parties cannot agree, such dispute shall not be subject to the
jurisdiction of the commission, or its successors, under this code
but subject to resolution through alternative dispute resolution.
and the district shall provide to the city or water supply
corporation with an estimate of the district's reasonable costs in
proceeding with appropriate administrative proceedings to convert
the irrigation use to municipal use and the amount of the estimate
shall be deposited with the district before the district is
obligated to initiate the administrative proceedings. In such
commission proceeding, the city or water supply corporation shall
provide evidence to the commission of the current or projected need
within a five year period for the municipal-use water allocation
after such conversion as a condition of such conversion of use of
the district's water rights from irrigation use to municipal use.
(c) On approval of the conversion by the Commission, the
water shall be supplied to the city or water supply corporation by
the district and the district will charge a just and reasonable
amount for this supply. The amount shall not be unreasonably
preferential, prejudicial, or discriminatory but shall be
sufficient, equitable, and consistent for the supply of water based
on the cost of the district's services. The amount of the
district's charge may be appealed to the commission by the city or
water supply corporation.
SECTION 2. This Act takes effect September 1, 2005.