By: Hinojosa S.B. No. 1441
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. Section 49.314, Water Code, 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 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 [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]. 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 may charge a just and reasonable
amount for this supply. The amount may 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.