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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that a geological survey be conducted |
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before a location may be identified as a site of unique value for |
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the construction of a reservoir or recommended for the construction |
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of a reservoir or dam. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 16.051(e) and (g), Water Code, are |
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amended to read as follows: |
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(e) On adoption the board shall deliver the state water plan |
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to the governor, the lieutenant governor, and the speaker of the |
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house of representatives and present the plan for review to the |
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appropriate legislative committees. The plan shall include |
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legislative recommendations that the board believes are needed and |
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desirable to facilitate more voluntary water transfers. The plan |
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shall identify river and stream segments of unique ecological value |
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and sites of unique value for the construction of reservoirs that |
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the board recommends for protection under this section. The plan |
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may not recommend for protection under this section a site of unique |
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value for the construction of a reservoir unless: |
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(1) a geological survey of the location of the |
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reservoir site that identifies any geological conditions that may |
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affect the safety of the reservoir or the dam for the reservoir has |
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been conducted; and |
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(2) the geological survey conducted under Subdivision |
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(1) indicates that there are no geological conditions that would |
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make the reservoir or dam unsafe. |
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(g) The legislature may designate a site of unique value for |
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the construction of a reservoir. A state agency or political |
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subdivision of the state may not obtain a fee title or an easement |
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that would significantly prevent the construction of a reservoir on |
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a site designated by the legislature under this subsection. A |
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location may not be designated a site of unique value for the |
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construction of a reservoir under this subsection unless: |
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(1) a geological survey of the location of the |
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reservoir site that identifies any geological conditions that may |
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affect the safety of the reservoir or the dam for the reservoir has |
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been conducted; and |
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(2) the geological survey conducted under Subdivision |
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(1) indicates that there are no geological conditions that would |
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make the reservoir or dam unsafe. |
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SECTION 2. Section 16.053, Water Code, is amended by adding |
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Subsection (e-2) to read as follows: |
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(e-2) A regional water plan submitted to the development |
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board may not identify a site of unique value for the construction |
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of a reservoir or include a project that proposes the construction |
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of a dam unless: |
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(1) a geological survey of the location of the |
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reservoir site or proposed dam that identifies any geological |
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conditions that may affect the safety of the reservoir or dam has |
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been conducted on behalf of the regional water planning group; and |
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(2) the geological survey conducted under Subdivision |
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(1) indicates that there are no geological conditions that would |
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make the reservoir or dam unsafe. |
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SECTION 3. 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, 2015. |