81R10278 SLB-F
 
  By: Gonzales H.B. No. 2208
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the calculation of current market value of certain
  water rights by the Rio Grande Regional Water Authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 49.509, Water Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Subject to Subsection (d), the [The] Rio Grande Regional
  Water Authority annually at its January meeting shall calculate the
  current market value by using the average price per acre-foot of
  municipal use water after conversion from irrigation use water to
  municipal use water with a municipal priority of allocation under
  commission rules of the last three purchases involving:
               (1)  a municipal water supplier;
               (2)  a party other than a municipal water supplier; and
               (3)  at least 100 acre-feet of municipal use water,
  with municipal priority of allocation.
         (d)  For purposes of this subsection, "outer boundaries of a
  district" means a district's boundaries without considering any
  exclusion of land from inside the district. The Rio Grande Regional
  Water Authority shall exclude from the calculation of current
  market value under Subsection (a) any sale between a municipal
  water supplier and a district if any territory inside the outer
  boundaries of the district is:
               (1)  subject to the municipal water supplier's
  certificate of convenience and necessity; or
               (2)  in the corporate limits of the municipality served
  by the municipal water supplier, if the municipal water supplier
  does not hold a certificate of convenience and necessity.
         SECTION 2.  The change in law made by this Act applies only
  to a calculation of current market value of certain water rights
  made by the Rio Grande Regional Water Authority on or after the
  effective date of this Act. A calculation of current market value
  that is made before the effective date of this Act is governed by
  the law in effect when the calculation was made, and the former law
  continues in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.