By: Fraser, Watson  S.B. No. 1631
         (In the Senate - Filed March 8, 2013; March 20, 2013, read
  first time and referred to Committee on Natural Resources;
  April 15, 2013, reported favorably by the following vote:  Yeas 8,
  Nays 3; April 15, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to water management planning by the Lower Colorado River
  Authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 8503, Special District Local Laws Code,
  is amended by adding Sections 8503.032 and 8503.033 to read as
  follows:
         Sec. 8503.032.  WATER MANAGEMENT PLAN. (a)  In this section
  and Section 8503.033:
               (1)  "Firm water" means a supply of water for customers
  of the authority that must be supplied 100 percent of the time
  without shortage through a repeat of the drought of record.
               (2)  "Interruptible water" means a supply of water for
  customers of the authority that does not have to be met 100 percent
  of the time and must be interrupted or curtailed as provided by
  Subsections (b) and (c).
         (b)  The authority shall interrupt or curtail the supply of
  water under the authority's certificates of adjudication 14-5478
  and 14-5482, as amended, pursuant to commitments that are
  specifically subject to interruption or curtailment, to the extent
  necessary to allow the authority to satisfy all demands for water
  under such permits pursuant to all firm, uninterruptible
  commitments.
         (c)  Supply of interruptible water must be cut off entirely
  before the authority curtails supplies of firm water or requests
  that firm water customers institute voluntary drought contingency
  measures.
         (d)  The authority's water management plan must:
               (1)  ensure that firm water supplies are available to
  meet all existing and projected demands of firm water customers to
  the extent provided by:
                     (A)  the April 20, 1988, Final Judgment and Decree
  adjudicating water rights in the Lower Colorado River Basin ("1988
  Final Judgment and Decree");
                     (B)  any orders issued by the commission or
  predecessor agencies subsequent to the 1988 Final Judgment and
  Decree approving the authority's water management plan for the
  operation of Lakes Travis and Buchanan;
                     (C)  water rights adjudicated by the 1988 Final
  Judgment and Decree, and issued by the commission, as amended; and
                     (D)  the provisions of the Water Code, rules of
  the commission, or other law; and
               (2)  cease all water releases of interruptible water
  when the combined storage of Lakes Travis and Buchanan is at or
  below 850,000 acre-feet.
         Sec. 8503.033.  FIRM WATER PROTECTION. Section 8503.032
  does not, and the legislature does not intend to, diminish,
  decrease, limit, impair, or modify, in any manner that is
  detrimental to firm water customers, the authority's commitments or
  contractual obligations to firm water customers or firm water
  customers' rights, entitlements, protections, prioritization, or
  status as either are set forth in:
               (1)  the April 20, 1988, Final Judgment and Decree
  adjudicating water rights in the Lower Colorado River Basin ("1988
  Final Judgment and Decree");
               (2)  any orders issued by the commission or predecessor
  agencies subsequent to the 1988 Final Judgment and Decree approving
  the authority's water management plan for operation of Lakes Travis
  and Buchanan;
               (3)  any water management plan of the authority
  approved by the commission;
               (4)  any permits or certificates of adjudication or
  amendments of these issued by the commission subsequent to the 1988
  Final Judgment and Decree;
               (5)  any existing water supply agreements or other
  agreements between the authority and firm water customers;
               (6)  any rules, policies, or similar guidance documents
  of the authority;
               (7)  any rules, policies, or similar guidance documents
  of the commission;
               (8)  the Water Code, this code, or any other law; or
               (9)  any other document.
         SECTION 2.  The Lower Colorado River Authority shall adopt
  or amend its rules and its water management plan as required to
  implement Sections 8503.032 and 8503.033, Special District Local
  Laws Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2013.
 
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