89R25036 CMO-F
 
  By: VanDeaver, Hefner, Luther, Dean, H.B. No. 2109
      Martinez
 
  Substitute the following for H.B. No. 2109:
 
  By:  Martinez C.S.H.B. No. 2109
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the removal of certain proposed reservoir sites from
  the state water plan.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.051(g-1), Water Code, is amended to
  read as follows:
         (g-1)  Notwithstanding any other [provisions of] law, except
  as provided by Section 16.0511, a site is considered to be a
  designated site of unique value for the construction of a reservoir
  if the site is recommended for designation in the 2007 state water
  plan adopted by the board and in effect on May 1, 2007. The
  designation of a unique reservoir site under this subsection
  terminates on September 1, 2015, unless there is an affirmative
  vote by a proposed project sponsor to make expenditures necessary
  in order to construct or file applications for permits required in
  connection with the construction of the reservoir under federal or
  state law.
         SECTION 2.  Subchapter C, Chapter 16, Water Code, is amended
  by adding Section 16.0511 to read as follows:
         Sec. 16.0511.  REMOVAL OF CERTAIN SITES FOR PROPOSED
  RESERVOIR FROM STATE WATER PLAN. (a) Notwithstanding Section
  16.051, the board shall remove a site designated as a site of unique
  value for the construction of a reservoir in the state water plan
  under Section 16.051, regardless of the site's inclusion in a
  regional water plan under Section 16.053, if construction of a
  reservoir at the site does not begin before the 50th anniversary of
  the site's initial inclusion in any version of the plan.
         (b)  A site removed from the state water plan under
  Subsection (a) may not be included in any subsequent version of the
  plan.
         (c)  This section does not apply to the site of a proposed
  reservoir for which a water right was issued by the commission on or
  before September 1, 2025.
         SECTION 3.  This Act takes effect September 1, 2025.