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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Lower Neches Valley Authority to |
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acquire, own, operate, maintain, and improve the Devers Canal |
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System, its water rights, and associated property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 63, Acts of the 43rd Legislature, 1st |
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Called Session, 1933, is amended by adding Section 13C to read as |
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follows: |
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Sec. 13C. (a) In this section: |
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(1) "Canal system" means the canal system and |
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associated properties generally known as the Devers Canal System. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Navigation district" means the Chambers-Liberty |
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Counties Navigation District. |
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(b) The district may: |
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(1) acquire, own, operate, maintain, and improve the |
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canal system; and |
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(2) enlarge and extend the canal system east of the |
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Trinity River in Chambers, Liberty, and Jefferson Counties. |
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(c) The district may own the water rights and appropriate |
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and divert water of this state under the permits and contracts |
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previously owned by and acquired from the Devers Canal Rice |
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Producers Association, Inc. |
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(d) Except as provided by Subsection (e) of this section, |
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the district may distribute, sell, and use water of this state for |
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any purpose approved by the commission. |
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(e) Before entering into a contract to sell or provide water |
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for any use other than irrigation in Chambers County outside the |
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district's boundaries that the navigation district had authority to |
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provide or sell under the navigation district's water rights on |
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May 1, 2009, the district must: |
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(1) send to the navigation district a written notice |
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of intent to sell or provide water for nonirrigation use in Chambers |
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County outside the district's boundaries; and |
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(2) allow the navigation district 30 days to exercise |
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a right of first refusal to provide the water. |
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(f) Not later than the 30th day after the date the |
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navigation district receives the notice of intent under Subsection |
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(e) of this section, the navigation district may exercise its right |
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of first refusal under Subsection (e) of this section by delivering |
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to the district notice that it intends to exercise that right. |
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(g) The district may enter into a contract described by |
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Subsection (e) of this section only if the navigation district: |
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(1) fails to comply with Subsection (f) of this |
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section; or |
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(2) complies with Subsection (f) of this section and |
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does not enter into a contract to sell or otherwise provide water |
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for the use described by the district's notice of intent under |
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Subsection (e) of this section before the expiration of four months |
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after the date the navigation district receives the notice of |
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intent. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |