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Amend CSSB 3 (house committee printing) as follows:
(1) In SECTION 2A.01 of the bill, in the recital to the section (page 53, line 27), strike "Subchapter L" and substitute
"Subchapters L and M".
(2) In SECTION 2A.01 of the bill, after added Section
11.601, Water Code (page 54, between lines 12 and 13), insert the
following:
SUBCHAPTER M. ROYALTY FEE ON SALE OR LEASE OF IMPOUNDED SURFACE
WATER
Sec. 11.651. ACQUISITION OF PROPERTY IN RESERVOIR SITE IN
EXCHANGE FOR ROYALTY FEE. The holder of a permit to impound surface
water in a reservoir may, with the agreement of the owner of real
property in the site of the reservoir, acquire the property in
exchange for a royalty fee as provided by this subchapter.
Sec. 11.652. PROVISION OF INFORMATION AND PAYMENT OF
ROYALTY FEE TO COMMISSION. The holder of a permit to impound
surface water in a reservoir annually shall:
(1) notify the commission of the name and address of
each person whose property the permit holder acquired to construct
the reservoir under an agreement under Section 11.651 and the
number of acres of real property acquired from the person under the
agreement; and
(2) pay to the commission a royalty fee in an amount
equal to 10 percent of the total revenue received by the permit
holder for the wholesale or retail sale or lease of the water
authorized to be impounded under the permit multiplied by a
fraction the numerator of which is the total number of acres of real
property acquired from all persons who entered into agreements
under Section 11.651 and the denominator of which is the total
number of acres of real property in the reservoir site acquired from
all property owners voluntarily, including under an agreement under
Section 11.651, or through the exercise of the power of eminent
domain.
Sec. 11.653. ALLOCATION OF ROYALTY FEE BY COMMISSION. Not
later than the 90th day after the date the royalty fee is submitted
under Section 11.652(2), the commission shall allocate the fee to
each person included in the notification under Section 11.652(1) in
the proportion that the number of acres of real property acquired
from the person under an agreement under Section 11.651 bears to the
total number of acres of real property acquired from all persons
under agreements under Section 11.651.
Sec. 11.654. ASSESSMENT OF FEE ON PERMIT HOLDER. The
commission may assess a holder of a permit to impound surface water
in a reservoir a fee in an amount necessary to administer this
subchapter.
(3) In SECTION 2A.02 of the bill, strike added Section
16.145(a), Water Code (page 55, line 18, through page 56, line 6),
and substitute the following:
(a) A former owner of real property that was acquired, voluntarily
or through the exercise of the power of eminent domain, for a
reservoir is entitled to lease the property from the person who
acquired the property under terms that allow the former owner to
continue to use the property for its existing use until physical
construction of the reservoir begins.
(4) In SECTION 2A.02 of the bill, added Section 16.145(b),
Water Code (page 56, line 8), between "for" and "the property's",
insert "not more than".
(5) In SECTION 2A.02 of the bill, strike added Section
16.146(a), Water Code (page 56, lines 10 through 20), and
substitute the following:
(a) If a person constructing a reservoir is required to mitigate
the past, present, or future adverse environmental effects arising
from the construction or operation of the reservoir or its related
facilities, the person shall, if authorized by the applicable
regulatory authority, attempt to mitigate those effects by offering
to contract with and pay an amount of money to an owner of real
property to maintain, control, hold, restore, enhance, develop, or
redevelop the property instead of acquiring or managing property
for that purpose.