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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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(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 in Chambers, |
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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 Company, the |
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Trinity River Authority on behalf of the Devers Canal System, and |
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the Devers Canal Rice 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) The district may not sell water for irrigation use in |
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Chambers County to customers served by the Chambers-Liberty |
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Counties Navigation District under a certified filing, permit, or |
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certificate of adjudication held by the navigation district and |
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issued by the commission without the approval of the navigation |
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district. |
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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. |