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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of the Texas Commission on |
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Environmental Quality's water quality protection area pilot |
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program to portions of the San Jacinto River. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.552(b), Water Code, is amended to |
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read as follows: |
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(b) Until [For the period of September 1, 2005, to] |
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September 1, 2025, the commission shall apply this subchapter only |
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as a pilot program in: |
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(1) the watersheds of: |
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(A) the portion of the west fork of the San |
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Jacinto River that is located between Interstate Highway 45 and the |
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fork's juncture with Spring Creek; and |
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(B) the portion of the east fork of the San |
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Jacinto River that is located between Texas State Highway 105 and |
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the fork's juncture with Lake Houston; and |
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(2) the John Graves Scenic Riverway. |
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SECTION 2. Section 26.555, Water Code, is amended to read as |
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follows: |
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Sec. 26.555. INSPECTIONS OF AND SAMPLING OF WATER IN PILOT |
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PROGRAM AREAS [JOHN GRAVES SCENIC RIVERWAY]. (a) To detect |
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potential violations of this subchapter: |
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(1) in the John Graves Scenic Riverway, the |
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commission, the Brazos River Authority, and the Parks and Wildlife |
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Department shall coordinate efforts to conduct each calendar year: |
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(A) [(1)] visual inspections of the riverway; |
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and |
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(B) [(2)] testing of water samples drawn from the |
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Brazos River and its tributaries in the riverway; and |
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(2) the commission, the San Jacinto River Authority, |
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and the Parks and Wildlife Department shall coordinate efforts to |
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conduct each calendar year: |
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(A) visual inspections of the watersheds of the |
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portions of the west and east forks of the San Jacinto River in the |
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pilot program area; and |
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(B) testing of water samples drawn from the |
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portions of the west and east forks of the San Jacinto River and |
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their tributaries in the pilot program area. |
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(b) The visual inspections and the drawing of water samples |
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must be conducted at least once in a winter month and at least once |
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in a summer month. The visual inspections must be conducted both |
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from the surface of the riverway or watersheds [John Graves Scenic
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Riverway] and from an aircraft flying over the riverway or |
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watersheds. |
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SECTION 3. Subchapter M, Chapter 26, Water Code, is amended |
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by adding Section 26.563 to read as follows: |
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Sec. 26.563. ADDITIONAL RECLAMATION REQUIREMENTS IN SAN |
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JACINTO RIVER PORTION OF PILOT PROGRAM AREA. (a) The commission by |
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rule shall require the responsible party for a quarry located less |
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than one mile from a water body in the San Jacinto River portion of |
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the pilot program area to: |
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(1) provide the commission with a reclamation plan for |
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the quarry that provides for restoring the quarry site to a state |
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that is reasonably like the natural state of the land surrounding |
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the quarry site or to a state that is suitable for an intended |
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purpose specified in the plan; and |
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(2) complete the reclamation plan activities within a |
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reasonable time after the quarry operations have ended. |
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(b) The reclamation of the quarry site must be consistent |
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with best management standards and practices adopted by the |
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commission for quarry reclamation and must provide for the quarry |
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excavations to be: |
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(1) stabilized; |
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(2) cleared of waste and debris and, as appropriate, |
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cleared of structures; and |
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(3) refilled, regraded, and recontoured so that water |
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will not accumulate in a manner that may: |
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(A) harm groundwater or surface water quality; or |
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(B) present a risk to public safety. |
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SECTION 4. This Act takes effect September 1, 2007. |