By: Fraser, Watson S.B. No. 1631
(In the Senate - Filed March 8, 2013; March 20, 2013, read
first time and referred to Committee on Natural Resources;
April 15, 2013, reported favorably by the following vote: Yeas 8,
Nays 3; April 15, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to water management planning by the Lower Colorado River
Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 8503, Special District Local Laws Code,
is amended by adding Sections 8503.032 and 8503.033 to read as
follows:
Sec. 8503.032. WATER MANAGEMENT PLAN. (a) In this section
and Section 8503.033:
(1) "Firm water" means a supply of water for customers
of the authority that must be supplied 100 percent of the time
without shortage through a repeat of the drought of record.
(2) "Interruptible water" means a supply of water for
customers of the authority that does not have to be met 100 percent
of the time and must be interrupted or curtailed as provided by
Subsections (b) and (c).
(b) The authority shall interrupt or curtail the supply of
water under the authority's certificates of adjudication 14-5478
and 14-5482, as amended, pursuant to commitments that are
specifically subject to interruption or curtailment, to the extent
necessary to allow the authority to satisfy all demands for water
under such permits pursuant to all firm, uninterruptible
commitments.
(c) Supply of interruptible water must be cut off entirely
before the authority curtails supplies of firm water or requests
that firm water customers institute voluntary drought contingency
measures.
(d) The authority's water management plan must:
(1) ensure that firm water supplies are available to
meet all existing and projected demands of firm water customers to
the extent provided by:
(A) the April 20, 1988, Final Judgment and Decree
adjudicating water rights in the Lower Colorado River Basin ("1988
Final Judgment and Decree");
(B) any orders issued by the commission or
predecessor agencies subsequent to the 1988 Final Judgment and
Decree approving the authority's water management plan for the
operation of Lakes Travis and Buchanan;
(C) water rights adjudicated by the 1988 Final
Judgment and Decree, and issued by the commission, as amended; and
(D) the provisions of the Water Code, rules of
the commission, or other law; and
(2) cease all water releases of interruptible water
when the combined storage of Lakes Travis and Buchanan is at or
below 850,000 acre-feet.
Sec. 8503.033. FIRM WATER PROTECTION. Section 8503.032
does not, and the legislature does not intend to, diminish,
decrease, limit, impair, or modify, in any manner that is
detrimental to firm water customers, the authority's commitments or
contractual obligations to firm water customers or firm water
customers' rights, entitlements, protections, prioritization, or
status as either are set forth in:
(1) the April 20, 1988, Final Judgment and Decree
adjudicating water rights in the Lower Colorado River Basin ("1988
Final Judgment and Decree");
(2) any orders issued by the commission or predecessor
agencies subsequent to the 1988 Final Judgment and Decree approving
the authority's water management plan for operation of Lakes Travis
and Buchanan;
(3) any water management plan of the authority
approved by the commission;
(4) any permits or certificates of adjudication or
amendments of these issued by the commission subsequent to the 1988
Final Judgment and Decree;
(5) any existing water supply agreements or other
agreements between the authority and firm water customers;
(6) any rules, policies, or similar guidance documents
of the authority;
(7) any rules, policies, or similar guidance documents
of the commission;
(8) the Water Code, this code, or any other law; or
(9) any other document.
SECTION 2. The Lower Colorado River Authority shall adopt
or amend its rules and its water management plan as required to
implement Sections 8503.032 and 8503.033, Special District Local
Laws Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2013.
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