| 5 | 3 | | |
|---|
| 6 | 4 | | |
|---|
| 7 | 5 | | A BILL TO BE ENTITLED |
|---|
| 8 | 6 | | AN ACT |
|---|
| 9 | 7 | | relating to the designation of certain river or stream segments as |
|---|
| 10 | 8 | | being of unique ecological value. |
|---|
| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 10 | | SECTION 1. The legislature, as authorized by Section |
|---|
| 13 | 11 | | 16.051(f), Water Code, designates as being of unique ecological |
|---|
| 14 | 12 | | value the following river or stream segments: |
|---|
| 15 | 13 | | (1) Alamito Creek in Presidio County solely within the |
|---|
| 16 | 14 | | boundary of the Trans Pecos Water Trust; |
|---|
| 17 | 15 | | (2) Black Cypress Bayou from its confluence with Big |
|---|
| 18 | 16 | | Cypress Bayou in south central Marion County upstream to its |
|---|
| 19 | 17 | | confluence with Black Cypress Creek east of Avinger in southern |
|---|
| 20 | 18 | | Cass County; |
|---|
| 21 | 19 | | (3) Black Cypress Creek from its confluence with Black |
|---|
| 22 | 20 | | Cypress Bayou east of Avinger in southern Cass County upstream to |
|---|
| 23 | 21 | | its headwaters located four miles northeast of Daingerfield in |
|---|
| 24 | 22 | | eastern Morris County; and |
|---|
| 25 | 23 | | (4) Terlingua Creek in Brewster County solely within |
|---|
| 26 | 24 | | the boundary of Big Bend National Park. |
|---|
| 27 | 25 | | SECTION 2. The designation of a river or stream segment as |
|---|
| 28 | 26 | | being of unique ecological value under Section 1 of this Act: |
|---|
| 29 | 27 | | (1) means only that a state agency or political |
|---|
| 30 | 28 | | subdivision of the state may not finance the actual construction of |
|---|
| 31 | 29 | | a reservoir in the designated segment; |
|---|
| 32 | 30 | | (2) does not affect the ability of a state agency or |
|---|
| 33 | 31 | | political subdivision of the state to construct, operate, maintain, |
|---|
| 34 | 32 | | or replace a weir, a water diversion, flood control, drainage, or |
|---|
| 35 | 33 | | water supply system, a low water crossing, or a recreational |
|---|
| 36 | 34 | | facility in the designated segment; |
|---|
| 37 | 35 | | (3) does not prohibit the permitting, financing, |
|---|
| 38 | 36 | | construction, operation, maintenance, or replacement of any water |
|---|
| 39 | 37 | | management strategy to meet projected water supply needs |
|---|
| 40 | 38 | | recommended in, or designated as an alternative in, a 2016 regional |
|---|
| 41 | 39 | | water plan; and |
|---|
| 42 | 40 | | (4) does not alter any existing property right of an |
|---|
| 43 | 41 | | affected landowner. |
|---|
| 44 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 45 | 43 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 46 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 47 | 45 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 48 | 46 | | Act takes effect September 1, 2017. |
|---|