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.