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Amend CSSB 3 (house committee printing) by striking sections
SECTION 3.04 and SECTION 3.05 and substituting the following:
"SECTION 3.04. RESTRICTION ON ELIGIBILITY TO HOLD WATER
RIGHTS; LIABILITY FOR CONSTRUCTION, OPERATION, AND MAINTENANCE
COSTS. (a) This section applies to:
(1) a proposed reservoir to be located on the Neches
River in Anderson and Cherokee Counties, downstream from Lake
Palestine; that is to be located in the Region I Regional Water
Planning Area; and
(2) a proposed reservoir to be located on the Sulphur
River upstream from its confluence with White Oak Creek; with a dam
that will be located in Titus and Red River Counties and the
reservoir would also impound water in Franklin County; that is to be
located in the Region D Regional Water Planning Area.
(b) The right to appropriate at least 20 percent of the
quantity of water that is authorized to be appropriated from each
proposed reservoir must be held by one or more entities located in
the regional water planning area in which the reservoir is to be
located.
(c) If one or more entities located outside the regional
water planning area in which a proposed reservoir is to be located
are to hold the right to appropriate a majority of the quantity of
water that is authorized to be appropriated from the reservoir,
that entity or those entities must pay all of the costs of
constructing, operating, and maintaining the reservoir until such
time as one or more entities located in the regional water planning
area in which the reservoir is to be located begins diverting water.
At such time, the entity or entities making a diversion shall pay a
pro-rata share of the cost of operating and maintaining the
reservoir.
SECTION 3.05. STUDY COMMISSION ON REGION C WATER SUPPLY. (a)
The Study Commission on Region C Water Supply is established. The
study commission consists of six members as follows:
(1) two members appointed by the Region C Regional Water
Planning Group; and
(2) two members appointed by the Region D Regional Water
Planning Group.
(3) two members appointed by the Region I Regional Water
Planning Group.
(b) A member of the study commission may be, but is not
required to be, a voting member of the regional water planning group
that appointed the member.
(c) The members of the study commission shall select a
presiding officer from among the members.
(d) Members of the study commission are not entitled to
compensation for service on the study commission but may be
reimbursed for travel expenses incurred while conducting the
business of the study commission, as provided for in the General
Appropriations Act.
(e) The study commission shall:
(1) review the water supply alternatives available to
the Region C Regional Water Planning Area, including obtaining
additional water supply from Wright Patman Lake, Toledo Bend
Reservoir, Lake Texoma, Lake o' the Pines, other existing and
proposed reservoirs, and groundwater resources;
(2) in connection with the review under Subdivision (1)
of this subsection, analyze the socioeconomic effect on the area
where the water supply is located that would result from the use of
the water to meet the water needs of the Region C Regional Water
Planning Area, including:
(A) the effects on landowners, agricultural and
natural resources, businesses, industries, and taxing entities of
different water management strategies; and
(B) in connection with the use by the Region C
Regional Water Planning Area of water from Wright Patman Lake, the
effect on water availability in that lake and the effect on
industries relying on that water availability;
(3) determine whether water demand in the Region C
Regional Water Planning Area may be reduced through additional
conservation and reuse measures so as to postpone the need for
additional water supplies;
(4) evaluate measures that would need to be taken to
comply with the mitigation requirements of the United States Army
Corps of Engineers in connection with any proposed new reservoirs,
including identifying potential mitigation sites;
(5) consider whether the mitigation burden described by
Subdivision (4) of this subsection may be shared by the Regions C,
D, and I Regional Water Planning Areas in proportion to the
allocation to each region of water in any proposed reservoir;
(6) review innovative methods of compensation to
affected property owners, including royalties for water stored on
acquired properties and annual payments to landowners for
properties acquired for the construction of a reservoir to satisfy
future water management strategies;
(7) evaluate the minimum number of surface acres
required for the construction of proposed reservoirs in order to
develop adequate water supply; and
(8) identify the locations of proposed reservoir sites,
and proposed mitigation as applicable as selected in accordance
with existing state and federal law in the Regions C, D, and I
Regional Water Planning Areas using satellite imagery with
sufficient resolution to permit land ownership to be determined.
(f) The study commission may not be assisted by any person
that is a party to or is employed by a party to a contract to perform
engineering work with respect to site selection, permitting,
design, or construction of a proposed reservoir in Regions D or I.
(g) The Texas Water Development Board, on request of the
study commission, may provide staff support or other assistance
necessary to enable the study commission to carry out its duties.
The Texas Water Development Board shall provide funding for the
study commission, including funding of any studies conducted by the
study commission, from the regional planning budget of the board.
(h) Not later than December 1, 2010, the study commission
shall deliver a report to the governor, lieutenant governor, and
speaker of the house of representatives that includes any:
(1) studies completed by the study commission;
(2) legislation proposed by the study commission;
(3) a recommendation as to whether Marvin Nichols
should remain a designated reservoir site;
(4) a recommendation as to whether any reservoir to be
located on the Neches River in Anderson and Cherokee Counties,
downstream from Lake Palestine should remain a designated reservoir
site; and
(5) other findings and recommendations of the study
commission.
(i) The study commission is abolished and this section
expires December 31, 2011.