HBA-GUM S.B. 1593 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1593 By: Brown, J.E. Natural Resources 5/3/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas does not provide for a water supply reservoir project at a site known as the Allens Creek Reservoir site in Austin County, Texas. S.B. 1593 creates a water supply reservoir project at that site, and provides for the issuance of certain water rights permits to the Texas Water Development Board. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS ARTICLE 1. SECTION 1.01. Provides for the construction of a dam and reservoir at the confluence of Allens Creek and the Brazos River. Sets forth legislative findings. SECTION 1.02. Grants certain rights to the Texas Water Development Board (board) with respect to the construction of a dam and reservoir on Allen Creek and for the reissuance of Water Appropriation Permit No. 2925. SECTION 1.03. Authorizes the board using the state participation account of the Texas Water Development Fund II to encourage regional development of the Allens Creek Reservoir project, to acquire the entire or any undivided interest in the Allens Creek site, provided that the total amount of money invested by the board in the site does not exceed $20,000,000 with $1,800,000 of such investment to be for reimbursement to the Brazos River Authority for costs incurred to obtain and hold its option to acquire such site. SECTION 1.04. Authorizes the board to issue certain bonds to acquire up to 50 percent of any undivided interest in the Allens Creek Reservoir site. Sets forth legislative findings. SECTION 1.05. Requires any contract providing for state participation in the Allens Creek site or the construction of a reservoir at such site to provide for the purchase of the board's interest in the facility pursuant to the provisions of Section 16.186(b)(relating to the sale or transfer of a state facility), Water Code. Authorizes the board to contract for such a sale with a municipality, a river authority, a political subdivision, or a water supply corporation organized under Chapter 67 (Nonprofit Water Supply or Sewer Service Corporations), Water Code. ARTICLE 2 SECTION 2.01. Amends Subchapter D, Chapter 11, Water Code, by adding Section 11.1311, as follows: Sec. 11.1311. APPROVAL OF CERTAIN APPLICATIONS WITHOUT HEARING. Authorizes the Texas Natural Resource Conservation Commission to reissue the same permit with a new priority date to the board without notice or hearing, upon submission of an application by the board, if a permit for a reservoir project which is listed on the effective date of this Act as a recommended project in the current state water plan has been abandoned, voluntarily canceled, or forfeited for failure to commence construction within the time specified by law. Authorizes the board to transfer interest in a permit issued under this section to certain entities. Requires a permit issued pursuant to this section to be administered in accordance with this chapter and as otherwise provided by law. ARTICLE 3 SECTION 3.01. Provides that nothing in this Act shall be construed as prohibiting or impairing any lawful use, sale, or other curtailment or diminution of waters that contribute to the flows of the Brazos River at the proposed point of diversion for the Allens Creek Reservoir project, including certain actions, whether due to use or sale of such groundwater or any other reason. SECTION 3.02. Effective date: September 1, 1999. SECTION 3.03. Emergency clause.