HBA-BSM H.B. 247 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 247
By: Turner, Bob
State Recreational Resources
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a person was authorized to construct a dam
or reservoir on that person's property  if the dam had normal storage of
not more than 200 acre-feet of water and is for domestic and livestock
purposes.  By allowing individuals access to the water impounded by the dam
for hunting and fishing, rural property owners could obtain revenue.  House
Bill 247 authorizes property owners to impound water without a permit for
commercial or noncommercial wildlife management. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 247 amends the Water Code to authorize a person to construct on
the person's own property a dam or reservoir with normal storage of not
more than 200 acre-feet of water for commercial or noncommercial wildlife
management, including fishing, but not including farm fishing, without
obtaining a permit.  The bill also exempts a person who temporarily stores
more than 200 acre-feet of water in a dam or reservoir from obtaining a
permit if the person can demonstrate that the person has not stored in the
dam or reservoir more than 200 acre-feet of water on average in any 12
month period. 

EFFECTIVE DATE

June 17, 2001.