85R7278 JAM-F
 
  By: Perry S.B. No. 863
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the designation of certain river or stream segments as
  being of unique ecological value.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature, as authorized by Section
  16.051(f), Water Code, designates as being of unique ecological
  value the following river or stream segments:
               (1)  Alamito Creek in Presidio County solely within the
  boundary of the Trans Pecos Water Trust;
               (2)  Black Cypress Bayou from its confluence with Big
  Cypress Bayou in south central Marion County upstream to its
  confluence with Black Cypress Creek east of Avinger in southern
  Cass County;
               (3)  Black Cypress Creek from its confluence with Black
  Cypress Bayou east of Avinger in southern Cass County upstream to
  its headwaters located four miles northeast of Daingerfield in
  eastern Morris County;
               (4)  Pecan Bayou from two miles south of Woodland in
  northwestern Red River County to the Red River in eastern Bowie
  County; and
               (5)  Terlingua Creek in Brewster County solely within
  the boundary of Big Bend National Park.
         SECTION 2.  The designation of a river or stream segment as
  being of unique ecological value under Section 1 of this Act:
               (1)  means only that a state agency or political
  subdivision of the state may not finance the actual construction of
  a reservoir in the designated segment;
               (2)  does not affect the ability of a state agency or
  political subdivision of the state to construct, operate, maintain,
  or replace a weir, a water diversion, flood control, drainage, or
  water supply system, a low water crossing, or a recreational
  facility in the designated segment;
               (3)  does not prohibit the permitting, financing,
  construction, operation, maintenance, or replacement of any water
  management strategy to meet projected water supply needs
  recommended in, or designated as an alternative in, a 2016 regional
  water plan; and
               (4)  does not alter any existing property right of an
  affected landowner.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.