80R15857 ACP-F
 
  By: Puente H.B. No. 3776
 
Substitute the following for H.B. No. 3776:
 
  By:  Puente C.S.H.B. No. 3776
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Water Development Board to
approve the regional water plan for Region L and include the plan in
the state water plan.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  (a)  Notwithstanding Section 16.053(i), Water
Code, and except as otherwise provided by this Act, the Texas Water
Development Board may approve and include in the state water plan
for the five-year period beginning January 5, 2007, the regional
water plan that was submitted to the board by the Region L regional
water planning group.
       (b)  The Texas Water Development Board may approve the
regional water plan for Region L only if the board:
             (1)  strikes Sections 4C.7, 4C.8, and 4C.32 from the
plan as submitted to the board; and
             (2)  includes Section 4C.33 in the plan as the Lower
Guadalupe Water Supply Project for Upstream GBRA Needs so as to:
                   (A)  require that the project be developed by the
regional water planning group for Region L in association with the
Guadalupe-Blanco River Authority;
                   (B)  include a transmission pipeline for the
diversion of up to 60,000 acre-feet per year of surface water
available under the water rights held by the Guadalupe-Blanco River
Authority as of December 31, 2006, from the Guadalupe River below
the city of Victoria to upstream points on the river to meet needs
identified by the Region L regional water planning group; provided,
however, that at least 100,000 acre-feet per year of the surface
water must be reserved for lower basin needs;
                   (C)  prohibit the use of fresh groundwater for the
project;
                   (D)  require the consent of the appropriate
property owner before off-channel storage or an off-channel
reservoir may be developed as part of the project; and
                   (E)  require freshwater inflows in an amount
sufficient to meet the Parks and Wildlife Department, Texas
Commission on Environmental Quality, and Texas Water Development
Board's environmental consensus criteria for San Antonio Bay to be
identified and included in the project.
       (c)  The Texas Water Development Board shall amend the state
water plan for the five-year period beginning January 5, 2007, as
necessary to conform to the requirements of this Act.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.