Texas 2009 - 81st Regular

Texas Senate Bill SB913 Compare Versions

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1	1	By: Williams S.B. No. 913
2	2	(In the Senate - Filed February 17, 2009; March 9, 2009, read
3	3	first time and referred to Committee on Natural Resources;
4	4	April 14, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 10, Nays 0; April 14, 2009,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 913 By: Uresti
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the authority of the Lower Neches Valley Authority to
13	13	acquire, own, operate, maintain, and improve the Devers Canal
14	14	System, its water rights, and associated property.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Chapter 63, Acts of the 43rd Legislature, 1st
17	17	Called Session, 1933, is amended by adding Section 13C to read as
18	18	follows:
19	19	Sec. 13C. (a) In this section:
20	20	(1) "Canal system" means the canal system and
21	21	associated properties generally known as the Devers Canal System.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Navigation district" means the Chambers-Liberty
25	25	Counties Navigation District.
26	26	(b) The district may:
27	27	(1) acquire, own, operate, maintain, and improve the
28	28	canal system; and
29	29	(2) enlarge and extend the canal system east of the
30	30	Trinity River in Chambers, Liberty, and Jefferson Counties.
31	31	(c) The district may own the water rights and appropriate
32	32	and divert water of this state under the permits and contracts
33	33	previously owned by and acquired from the Devers Canal Rice
34	34	Producers Association, Incorporated.
35	35	(d) Except as provided by Subsection (e) of this section,
36	36	the district may distribute, sell, and use water of this state for
37	37	any purpose approved by the commission.
38	38	(e) Before entering into a contract to sell or provide water
39	39	for any use other than irrigation in Chambers County outside the
40	40	district's boundaries that the navigation district had authority to
41	41	provide or sell under the navigation district's water rights on
42	42	May 1, 2009, the district must:
43	43	(1) send to the navigation district a written notice
44	44	of intent to sell or provide water for nonirrigation use in Chambers
45	45	County outside the district's boundaries; and
46	46	(2) allow the navigation district 30 days to exercise
47	47	a right of first refusal to provide the water.
48	48	(f) The navigation district may exercise its right of first
49	49	refusal under Subsection (e) of this section by delivering to the
50	50	district notice that it intends to exercise that right not later
51	51	than the 30th day after the date the navigation district receives
52	52	the notice of intent under Subsection (e) of this section.
53	53	(g) The district may enter into a contract described by
54	54	Subsection (e) of this section only if the navigation district:
55	55	(1) fails to comply with Subsection (f) of this
56	56	section; or
57	57	(2) complies with Subsection (f) of this section and
58	58	does not enter into a contract to sell or otherwise provide water
59	59	for the use described by the district's notice of intent under
60	60	Subsection (e) of this section before the expiration of four months
61	61	after the date the navigation district receives the notice of
62	62	intent.
63	63	SECTION 2. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2009.
68	68	* * * * *