HBA-LJP H.B. 2847 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2847
By: Averitt
Natural Resources
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

The Brazos River Authority (authority) develops and manages the surface
water of the Brazos River.  The long term water supply of the authority is
under contract and the authority may need an additional water supply
besides the surface water.  Also, groundwater is often interconnected with
surface water and can have a significant impact on the quality and quantity
of the surface water.  House Bill 2847 provides for the authority's
development and management of groundwater in the Brazos River Basin for use
of its customers. 

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 2847 provides that the Brazos River Authority (authority) has
the authority to discover, develop, produce and use groundwater in the
Brazos River Basin for the use of its customers.  Provisions relating to
the authority do not confer to the authority any power to regulate the
groundwater of other land owners. The bill requires that the authority be
subject to all laws and regulations relating to groundwater, including the
rules and regulations of a groundwater conservation district and the
Central Carrizo-Wilcox Coordinating Council.  The bill provides that the
authority is prohibited from transporting or assisting in the transport of
groundwater pumped in the basin outside of the Brazos River Basin. 

The bill also provides that the Brazos River Conservation and Reclamation
District has the powers of control and employment of the groundwater and
unappropriated flow waters of the district in the prescribed manner for the
greatest practicable measure of the conservation and beneficial utilization
of groundwater. 

EFFECTIVE DATE

September 1, 2001.