1 | 1 | | By: King of Zavala H.B. No. 1741 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the recharge of the Edwards Aquifer. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. STATEMENT OF PURPOSE AND LEGISLATIVE FINDINGS. |
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9 | 9 | | In order to establish a cooperative interlocal agreement between |
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10 | 10 | | governmental entities with the goal of funding and completing |
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11 | 11 | | necessary repairs to the Medina Lake Dam for the recharge of the |
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12 | 12 | | Edwards and Trinity Aquifers, public safety, protection of |
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13 | 13 | | irrigation, and municipal water supply, the legislature finds that: |
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14 | 14 | | (a) Medina Lake confers substantial benefits to the region, |
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15 | 15 | | including substantial recharge to the Edwards and Trinity Aquifers, |
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16 | 16 | | water for irrigation, and municipal water supply; |
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17 | 17 | | (b) Medina Lake Dam requires safety repairs of |
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18 | 18 | | approximately $10 million; |
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19 | 19 | | (c) it is in the interest of public safety to expedite the |
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20 | 20 | | necessary repairs to Medina Lake Dam; and |
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21 | 21 | | (d) a joint effort is desirable in order to address the |
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22 | 22 | | issues necessary for the successful repair of Medina Lake Dam in a |
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23 | 23 | | comprehensive manner. |
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24 | 24 | | SECTION 2. INTERLOCAL AGREEMENT. Chapter 626, Acts of the |
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25 | 25 | | 73rd Legislature, Regular Session, 1993, is amended by adding |
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26 | 26 | | Section 1.455 to read as follows: |
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27 | 27 | | Sec. 1.455. INTERLOCAL AGREEMENT FOR REPAIR PROJECT. (a) |
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28 | 28 | | The following entities, not later than the 90th day after the |
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29 | 29 | | effective date of the Act enacting this section, shall enter into an |
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30 | 30 | | interlocal agreement for the planning, funding, and implementing of |
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31 | 31 | | a project to repair the Medina Lake Dam: |
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32 | 32 | | (1) the Bexar-Medina-Atascosa Counties Water Control |
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33 | 33 | | and Improvement District No. 1; |
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34 | 34 | | (2) the Edwards Aquifer Authority; |
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35 | 35 | | (3) the Bexar Metropolitan Water District; and |
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36 | 36 | | (4) the San Antonio River Authority. |
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37 | 37 | | (b) Any other local entity, including a county, with the |
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38 | 38 | | ability to assist in the effort may be included in the interlocal |
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39 | 39 | | agreement. |
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40 | 40 | | (c) The duties of the parties to the interlocal agreement |
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41 | 41 | | are as follows: |
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42 | 42 | | (1) the Bexar-Medina-Atascosa Counties Water Control |
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43 | 43 | | and Improvement District No. 1 shall: |
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44 | 44 | | (A) provide funding from available funds for the |
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45 | 45 | | necessary repairs; |
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46 | 46 | | (B) provide all documentation necessary to |
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47 | 47 | | substantiate actual cost estimates for repairing the Medina Lake |
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48 | 48 | | Dam; |
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49 | 49 | | (C) cooperate with the other parties to the |
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50 | 50 | | interlocal agreement on the construction required to repair the |
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51 | 51 | | Medina Lake Dam; and |
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52 | 52 | | (D) provide other support as necessary; |
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53 | 53 | | (2) the San Antonio River Authority shall: |
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54 | 54 | | (A) facilitate the development and |
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55 | 55 | | implementation of the interlocal agreement; |
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56 | 56 | | (B) provide administrative support as necessary; |
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57 | 57 | | (C) oversee and manage the entire repair project; |
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58 | 58 | | and |
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59 | 59 | | (D) submit an annual progress report to the |
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60 | 60 | | legislature with the initial report due not later than December 31, |
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61 | 61 | | 2010; and |
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62 | 62 | | (3) the Edwards Aquifer Authority and the Bexar |
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63 | 63 | | Metropolitan Water District shall provide funding from available |
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64 | 64 | | funds for repairs and support as necessary. |
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65 | 65 | | (d) Other entities, including counties, that enter into the |
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66 | 66 | | interlocal agreement may provide funding and other support as |
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67 | 67 | | appropriate. |
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68 | 68 | | (e) The term of the interlocal agreement expires on |
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69 | 69 | | completion of the repair project. |
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70 | 70 | | (f) An advisory board is established for the project to |
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71 | 71 | | repair the Medina Lake Dam and shall: |
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72 | 72 | | (1) consist of a representative from each party to the |
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73 | 73 | | interlocal agreement; |
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74 | 74 | | (2) be chaired by the representative of the San |
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75 | 75 | | Antonio River Authority who shall facilitate development and |
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76 | 76 | | implementation of the interlocal agreement; |
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77 | 77 | | (3) meet at least quarterly to: |
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78 | 78 | | (A) explore other possible funding |
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79 | 79 | | opportunities; |
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80 | 80 | | (B) receive progress reports on the status of the |
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81 | 81 | | project; and |
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82 | 82 | | (C) discuss other business as necessary; and |
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83 | 83 | | (4) dissolve on completion of the project. |
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84 | 84 | | SECTION 3. EFFECTIVE DATE. This Act takes effect |
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85 | 85 | | immediately if it receives a vote of two-thirds of all the members |
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86 | 86 | | elected to each house, as provided by Section 39, Article III, Texas |
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87 | 87 | | Constitution. If this Act does not receive the vote necessary for |
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88 | 88 | | immediate effect, this Act takes effect September 1, 2009. |
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