FILTRATION, TREATMENT, AND TRANSPORTATION OF WATER; ENLARGEMENT OF
RESERVOIRS. (a) It is hereby declared to be the policy of the State of Texas to
encourage the optimum development of the limited number of feasible sites
available for the construction or enlargement of dams and reservoirs for
conservation of the public waters of the state, which waters are held in trust for the
use and benefit of the public, and to encourage the optimum regional
development of systems built for the filtration, treatment, and transmission of
water and wastewater. The proceeds from the sale of bonds deposited in the
Texas Water Development Fund may be used by the Texas Water Development
Board, under such provisions as the Legislature may prescribe by General Law,
including the requirement of a permit for storage or beneficial use, for the
additional purposes of acquiring and developing storage facilities, and any system
or works necessary for the filtration, treatment and transportation of water or
waste water, or for any one or more of such purposes or methods, whether or not
such a system or works is connected with a reservoir in which the state has a
financial interest; provided, however, the Texas Water Development Fund or any
other state fund provided for water development, transmission, transfer or
filtration shall not be used to finance any project which contemplates or results in
the removal from the basin of origin of any surface water necessary to supply the
reasonably foreseeable future water requirements for the next ensuing fifty-year
period within the river basin of origin, except on a temporary, interim basis.
(b) Under such provisions as the Legislature may prescribe by General Law the
Texas Water Development Fund may be used for the conservation and
development of water for useful purposes by construction or reconstruction or
enlargement of reservoirs constructed or to be constructed or enlarged within the
State of Texas or on any stream constituting a boundary of the State of Texas,
together with any system or works necessary for the filtration, treatment and/or
transportation of water, by any one or more of the following governmental
agencies: by the United States of America or any agency, department or
instrumentality thereof; by the State of Texas or any agency, department or
instrumentality thereof; by political subdivisions or bodies politic and corporate of
the state; by interstate compact commissions to which the State of Texas is a
party; and by municipal corporations. The Legislature shall provide terms and
conditions under which the Texas Water Development Board may sell, transfer or
lease, in whole or in part, any reservoir and associated system or works which the
Texas Water Development Board has financed in whole or in part.
(c) Under such provisions as the Legislature may prescribe by General Law, the
Texas Water Development Board may also execute long-term contracts with the
United States or any of its agencies for the acquisition and development of
storage facilities in reservoirs constructed or to be constructed by the Federal
Government. Such contracts when executed shall constitute general obligations of
the State of Texas in the same manner and with the same effect as state bonds
issued under the authority of Section 49-c of this article, and the provisions of
Section 49-c of this article with respect to payment of principal and interest on
state bonds issued shall likewise apply with respect to payment of principal and
interest required to be paid by such contracts. If storage facilities are acquired for
a term of years, such contracts shall contain provisions for renewal that will protect
the state's investment.
(d) The Legislature shall provide terms and conditions for the Texas Water
Development Board to sell, transfer or lease, in whole or in part, any acquired
facilities or the right to use such facilities at a price not less than the direct cost of
the Board in acquiring same; and the Legislature may provide terms and
conditions for the Board to sell any unappropriated public waters of the state that
might be stored in such facilities. As a prerequisite to the purchase of such
storage or water, the applicant therefor shall have secured a valid permit from the
state authorizing the acquisition of such storage facilities or the water impounded
therein. The money received from any sale, transfer or lease of facilities shall be
used to pay principal and interest on state bonds issued or contractual obligations
incurred by the Texas Water Development Board, provided that when moneys are
sufficient to pay the full amount of indebtedness then outstanding and the full
amount of interest to accrue thereon, any further sums received from the sale,
transfer or lease of such facilities shall be deposited and used as provided by law.
Money received from the sale of water, which shall include standby service, may
be used for the operation and maintenance of acquired facilities, and for the
payment of principal and interest on debt incurred.
(Added Nov. 6, 1962; amended Nov. 8, 1966, Nov. 5, 1985, and Nov. 2, 1999.)
(TEMPORARY TRANSITION PROVISIONS for Sec. 49-d: See Appendix, Note 1.)
Sec. 49-d-1. ADDITIONAL TEXAS WATER DEVELOPMENT BONDS. (a) The Texas
Water Development Board may issue Texas Water Development Bonds as
authorized by constitutional amendment or by a debt proposition under Section 49
of this article to provide grants, loans, or any combination of grants and loans for
water quality enhancement purposes as established by the Legislature to political
subdivisions or bodies politic and corporate of the State of Texas, including
municipal corporations, river authorities, conservation and reclamation districts,
and districts created or organized or authorized to be created or organized under
Article XVI, Section 59, or Article III, Section 52, of this Constitution, State
agencies, and interstate agencies and compact commissions to which the State of
Texas is a party, and upon such terms and conditions as the Legislature may
authorize by general law. The bonds shall be issued for such terms, in such
denominations, form and installments, and upon such conditions as the
Legislature may authorize.
(b) The Texas Water Development Fund shall be used for the purposes
heretofore permitted by, and subject to the limitations in this Section and Sections
49-c and 49-d; provided, however, that the financial assistance may be made
subject only to the availability of funds.
(Added May 18, 1971; Subsec. (a) amended Nov. 2, 1976; Subsec. (a) amended,
Subsecs. (b) and (c) deleted, Subsec. (d) amended and redesignated Subsec.
(b), and Subsecs. (e) and (f) deleted Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 49-d-1: See Appendix, Note 1.)
Sec. 49-d-2. ADDITIONAL BONDING AUTHORITY OF TEXAS WATER DEVELOPMENT
BOARD; DEDICATED USE OF SOME PROCEEDS. The Texas Water Development
Board may issue Texas Water Development Bonds for flood control projects and
for any acquisition or construction necessary to achieve structural and
nonstructural flood control purposes.
(Added Nov. 5, 1985; Subsec. (a) amended and Subsecs. (b)-(e) deleted Nov. 2,
1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 49-d-2: See Appendix,
Note 1.)
Sec. 49-d-3. CREATION AND USE OF SPECIAL FUNDS FOR WATER PROJECTS. (a)
The legislature by law may create one or more special funds in the state treasury
for use for or in aid of water conservation, water development, water quality
enhancement, flood control, drainage, subsidence control, recharge, chloride
control, agricultural soil and water conservation, desalinization or any combination
of those purposes, may make money in a special fund available to cities,
counties, special governmental districts and authorities, and other political
subdivisions of the state for use for the purposes for which the fund was created
by grants, loans, or any other means, and may appropriate money to any of the
special funds to carry out the purposes of this section.
(b) Money deposited in a special fund created under this section may not be
used to finance or aid any project that contemplates or results in the removal
from the basin of origin of any surface water necessary to supply the reasonably
foreseeable water requirements for the next ensuing 50-year period within the
river basin of origin, except on a temporary, interim basis.
RESERVOIRS. (a) It is hereby declared to be the policy of the State of Texas to
encourage the optimum development of the limited number of feasible sites
available for the construction or enlargement of dams and reservoirs for
conservation of the public waters of the state, which waters are held in trust for the
use and benefit of the public, and to encourage the optimum regional
development of systems built for the filtration, treatment, and transmission of
water and wastewater. The proceeds from the sale of bonds deposited in the
Texas Water Development Fund may be used by the Texas Water Development
Board, under such provisions as the Legislature may prescribe by General Law,
including the requirement of a permit for storage or beneficial use, for the
additional purposes of acquiring and developing storage facilities, and any system
or works necessary for the filtration, treatment and transportation of water or
waste water, or for any one or more of such purposes or methods, whether or not
such a system or works is connected with a reservoir in which the state has a
financial interest; provided, however, the Texas Water Development Fund or any
other state fund provided for water development, transmission, transfer or
filtration shall not be used to finance any project which contemplates or results in
the removal from the basin of origin of any surface water necessary to supply the
reasonably foreseeable future water requirements for the next ensuing fifty-year
period within the river basin of origin, except on a temporary, interim basis.
(b) Under such provisions as the Legislature may prescribe by General Law the
Texas Water Development Fund may be used for the conservation and
development of water for useful purposes by construction or reconstruction or
enlargement of reservoirs constructed or to be constructed or enlarged within the
State of Texas or on any stream constituting a boundary of the State of Texas,
together with any system or works necessary for the filtration, treatment and/or
transportation of water, by any one or more of the following governmental
agencies: by the United States of America or any agency, department or
instrumentality thereof; by the State of Texas or any agency, department or
instrumentality thereof; by political subdivisions or bodies politic and corporate of
the state; by interstate compact commissions to which the State of Texas is a
party; and by municipal corporations. The Legislature shall provide terms and
conditions under which the Texas Water Development Board may sell, transfer or
lease, in whole or in part, any reservoir and associated system or works which the
Texas Water Development Board has financed in whole or in part.
(c) Under such provisions as the Legislature may prescribe by General Law, the
Texas Water Development Board may also execute long-term contracts with the
United States or any of its agencies for the acquisition and development of
storage facilities in reservoirs constructed or to be constructed by the Federal
Government. Such contracts when executed shall constitute general obligations of
the State of Texas in the same manner and with the same effect as state bonds
issued under the authority of Section 49-c of this article, and the provisions of
Section 49-c of this article with respect to payment of principal and interest on
state bonds issued shall likewise apply with respect to payment of principal and
interest required to be paid by such contracts. If storage facilities are acquired for
a term of years, such contracts shall contain provisions for renewal that will protect
the state's investment.
(d) The Legislature shall provide terms and conditions for the Texas Water
Development Board to sell, transfer or lease, in whole or in part, any acquired
facilities or the right to use such facilities at a price not less than the direct cost of
the Board in acquiring same; and the Legislature may provide terms and
conditions for the Board to sell any unappropriated public waters of the state that
might be stored in such facilities. As a prerequisite to the purchase of such
storage or water, the applicant therefor shall have secured a valid permit from the
state authorizing the acquisition of such storage facilities or the water impounded
therein. The money received from any sale, transfer or lease of facilities shall be
used to pay principal and interest on state bonds issued or contractual obligations
incurred by the Texas Water Development Board, provided that when moneys are
sufficient to pay the full amount of indebtedness then outstanding and the full
amount of interest to accrue thereon, any further sums received from the sale,
transfer or lease of such facilities shall be deposited and used as provided by law.
Money received from the sale of water, which shall include standby service, may
be used for the operation and maintenance of acquired facilities, and for the
payment of principal and interest on debt incurred.
(Added Nov. 6, 1962; amended Nov. 8, 1966, Nov. 5, 1985, and Nov. 2, 1999.)
(TEMPORARY TRANSITION PROVISIONS for Sec. 49-d: See Appendix, Note 1.)
Sec. 49-d-1. ADDITIONAL TEXAS WATER DEVELOPMENT BONDS. (a) The Texas
Water Development Board may issue Texas Water Development Bonds as
authorized by constitutional amendment or by a debt proposition under Section 49
of this article to provide grants, loans, or any combination of grants and loans for
water quality enhancement purposes as established by the Legislature to political
subdivisions or bodies politic and corporate of the State of Texas, including
municipal corporations, river authorities, conservation and reclamation districts,
and districts created or organized or authorized to be created or organized under
Article XVI, Section 59, or Article III, Section 52, of this Constitution, State
agencies, and interstate agencies and compact commissions to which the State of
Texas is a party, and upon such terms and conditions as the Legislature may
authorize by general law. The bonds shall be issued for such terms, in such
denominations, form and installments, and upon such conditions as the
Legislature may authorize.
(b) The Texas Water Development Fund shall be used for the purposes
heretofore permitted by, and subject to the limitations in this Section and Sections
49-c and 49-d; provided, however, that the financial assistance may be made
subject only to the availability of funds.
(Added May 18, 1971; Subsec. (a) amended Nov. 2, 1976; Subsec. (a) amended,
Subsecs. (b) and (c) deleted, Subsec. (d) amended and redesignated Subsec.
(b), and Subsecs. (e) and (f) deleted Nov. 2, 1999.) (TEMPORARY TRANSITION
PROVISIONS for Sec. 49-d-1: See Appendix, Note 1.)
Sec. 49-d-2. ADDITIONAL BONDING AUTHORITY OF TEXAS WATER DEVELOPMENT
BOARD; DEDICATED USE OF SOME PROCEEDS. The Texas Water Development
Board may issue Texas Water Development Bonds for flood control projects and
for any acquisition or construction necessary to achieve structural and
nonstructural flood control purposes.
(Added Nov. 5, 1985; Subsec. (a) amended and Subsecs. (b)-(e) deleted Nov. 2,
1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 49-d-2: See Appendix,
Note 1.)
Sec. 49-d-3. CREATION AND USE OF SPECIAL FUNDS FOR WATER PROJECTS. (a)
The legislature by law may create one or more special funds in the state treasury
for use for or in aid of water conservation, water development, water quality
enhancement, flood control, drainage, subsidence control, recharge, chloride
control, agricultural soil and water conservation, desalinization or any combination
of those purposes, may make money in a special fund available to cities,
counties, special governmental districts and authorities, and other political
subdivisions of the state for use for the purposes for which the fund was created
by grants, loans, or any other means, and may appropriate money to any of the
special funds to carry out the purposes of this section.
(b) Money deposited in a special fund created under this section may not be
used to finance or aid any project that contemplates or results in the removal
from the basin of origin of any surface water necessary to supply the reasonably
foreseeable water requirements for the next ensuing 50-year period within the
river basin of origin, except on a temporary, interim basis.
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