| 1 | 1 | | H.B. No. 2208 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the calculation of current market value of certain |
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| 6 | 6 | | water rights by the Rio Grande Regional Water Authority. |
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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. Section 49.509, Water Code, is amended by |
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| 9 | 9 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (a) Subject to Subsection (d), the [The] Rio Grande Regional |
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| 12 | 12 | | Water Authority annually at its January meeting shall calculate the |
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| 13 | 13 | | current market value by using the average price per acre-foot of |
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| 14 | 14 | | municipal use water after conversion from irrigation use water to |
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| 15 | 15 | | municipal use water with a municipal priority of allocation under |
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| 16 | 16 | | commission rules of the last three purchases involving: |
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| 17 | 17 | | (1) a municipal water supplier; |
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| 18 | 18 | | (2) a party other than a municipal water supplier; and |
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| 19 | 19 | | (3) at least 100 acre-feet of municipal use water, |
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| 20 | 20 | | with municipal priority of allocation. |
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| 21 | 21 | | (d) For purposes of this subsection, "outer boundaries of a |
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| 22 | 22 | | district" means a district's boundaries without considering any |
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| 23 | 23 | | exclusion of land from inside the district. The Rio Grande Regional |
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| 24 | 24 | | Water Authority shall exclude from the calculation of current |
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| 25 | 25 | | market value under Subsection (a) any sale between a municipal |
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| 26 | 26 | | water supplier and a district if any territory inside the outer |
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| 27 | 27 | | boundaries of the district is: |
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| 28 | 28 | | (1) subject to the municipal water supplier's |
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| 29 | 29 | | certificate of convenience and necessity; or |
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| 30 | 30 | | (2) in the corporate limits of the municipality served |
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| 31 | 31 | | by the municipal water supplier, if the municipal water supplier |
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| 32 | 32 | | does not hold a certificate of convenience and necessity. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to a calculation of current market value of certain water rights |
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| 35 | 35 | | made by the Rio Grande Regional Water Authority on or after the |
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| 36 | 36 | | effective date of this Act. A calculation of current market value |
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| 37 | 37 | | that is made before the effective date of this Act is governed by |
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| 38 | 38 | | the law in effect when the calculation was made, and the former law |
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| 39 | 39 | | continues in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 2208 was passed by the House on March |
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| 44 | 44 | | 31, 2009, by the following vote: Yeas 147, Nays 0, 2 present, not |
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| 45 | 45 | | voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | I certify that H.B. No. 2208 was passed by the Senate on May |
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| 49 | 49 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | APPROVED: _____________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | _____________________ |
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| 55 | 55 | | Governor |
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