| 1 | 1 | | By: Fraser, Watson S.B. No. 1631 |
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| 2 | 2 | | (In the Senate - Filed March 8, 2013; March 20, 2013, read |
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| 3 | 3 | | first time and referred to Committee on Natural Resources; |
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| 4 | 4 | | April 15, 2013, reported favorably by the following vote: Yeas 8, |
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| 5 | 5 | | Nays 3; April 15, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to water management planning by the Lower Colorado River |
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| 11 | 11 | | Authority. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 8503, Special District Local Laws Code, |
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| 14 | 14 | | is amended by adding Sections 8503.032 and 8503.033 to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | Sec. 8503.032. WATER MANAGEMENT PLAN. (a) In this section |
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| 17 | 17 | | and Section 8503.033: |
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| 18 | 18 | | (1) "Firm water" means a supply of water for customers |
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| 19 | 19 | | of the authority that must be supplied 100 percent of the time |
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| 20 | 20 | | without shortage through a repeat of the drought of record. |
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| 21 | 21 | | (2) "Interruptible water" means a supply of water for |
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| 22 | 22 | | customers of the authority that does not have to be met 100 percent |
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| 23 | 23 | | of the time and must be interrupted or curtailed as provided by |
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| 24 | 24 | | Subsections (b) and (c). |
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| 25 | 25 | | (b) The authority shall interrupt or curtail the supply of |
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| 26 | 26 | | water under the authority's certificates of adjudication 14-5478 |
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| 27 | 27 | | and 14-5482, as amended, pursuant to commitments that are |
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| 28 | 28 | | specifically subject to interruption or curtailment, to the extent |
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| 29 | 29 | | necessary to allow the authority to satisfy all demands for water |
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| 30 | 30 | | under such permits pursuant to all firm, uninterruptible |
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| 31 | 31 | | commitments. |
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| 32 | 32 | | (c) Supply of interruptible water must be cut off entirely |
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| 33 | 33 | | before the authority curtails supplies of firm water or requests |
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| 34 | 34 | | that firm water customers institute voluntary drought contingency |
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| 35 | 35 | | measures. |
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| 36 | 36 | | (d) The authority's water management plan must: |
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| 37 | 37 | | (1) ensure that firm water supplies are available to |
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| 38 | 38 | | meet all existing and projected demands of firm water customers to |
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| 39 | 39 | | the extent provided by: |
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| 40 | 40 | | (A) the April 20, 1988, Final Judgment and Decree |
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| 41 | 41 | | adjudicating water rights in the Lower Colorado River Basin ("1988 |
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| 42 | 42 | | Final Judgment and Decree"); |
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| 43 | 43 | | (B) any orders issued by the commission or |
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| 44 | 44 | | predecessor agencies subsequent to the 1988 Final Judgment and |
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| 45 | 45 | | Decree approving the authority's water management plan for the |
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| 46 | 46 | | operation of Lakes Travis and Buchanan; |
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| 47 | 47 | | (C) water rights adjudicated by the 1988 Final |
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| 48 | 48 | | Judgment and Decree, and issued by the commission, as amended; and |
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| 49 | 49 | | (D) the provisions of the Water Code, rules of |
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| 50 | 50 | | the commission, or other law; and |
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| 51 | 51 | | (2) cease all water releases of interruptible water |
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| 52 | 52 | | when the combined storage of Lakes Travis and Buchanan is at or |
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| 53 | 53 | | below 850,000 acre-feet. |
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| 54 | 54 | | Sec. 8503.033. FIRM WATER PROTECTION. Section 8503.032 |
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| 55 | 55 | | does not, and the legislature does not intend to, diminish, |
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| 56 | 56 | | decrease, limit, impair, or modify, in any manner that is |
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| 57 | 57 | | detrimental to firm water customers, the authority's commitments or |
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| 58 | 58 | | contractual obligations to firm water customers or firm water |
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| 59 | 59 | | customers' rights, entitlements, protections, prioritization, or |
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| 60 | 60 | | status as either are set forth in: |
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| 61 | 61 | | (1) the April 20, 1988, Final Judgment and Decree |
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| 62 | 62 | | adjudicating water rights in the Lower Colorado River Basin ("1988 |
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| 63 | 63 | | Final Judgment and Decree"); |
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| 64 | 64 | | (2) any orders issued by the commission or predecessor |
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| 65 | 65 | | agencies subsequent to the 1988 Final Judgment and Decree approving |
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| 66 | 66 | | the authority's water management plan for operation of Lakes Travis |
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| 67 | 67 | | and Buchanan; |
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| 68 | 68 | | (3) any water management plan of the authority |
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| 69 | 69 | | approved by the commission; |
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| 70 | 70 | | (4) any permits or certificates of adjudication or |
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| 71 | 71 | | amendments of these issued by the commission subsequent to the 1988 |
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| 72 | 72 | | Final Judgment and Decree; |
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| 73 | 73 | | (5) any existing water supply agreements or other |
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| 74 | 74 | | agreements between the authority and firm water customers; |
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| 75 | 75 | | (6) any rules, policies, or similar guidance documents |
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| 76 | 76 | | of the authority; |
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| 77 | 77 | | (7) any rules, policies, or similar guidance documents |
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| 78 | 78 | | of the commission; |
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| 79 | 79 | | (8) the Water Code, this code, or any other law; or |
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| 80 | 80 | | (9) any other document. |
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| 81 | 81 | | SECTION 2. The Lower Colorado River Authority shall adopt |
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| 82 | 82 | | or amend its rules and its water management plan as required to |
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| 83 | 83 | | implement Sections 8503.032 and 8503.033, Special District Local |
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| 84 | 84 | | Laws Code, as added by this Act. |
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| 85 | 85 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 86 | 86 | | * * * * * |
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