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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation, powers, and duties of certain levee |
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improvement districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.038, Water Code, is amended by |
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amending Subsection (a) to read as follows: |
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(a) A person who owns or holds a possessory interest in land |
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adjoining or contiguous to a canal, ditch, flume, lateral, dam, |
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reservoir, or lake constructed and maintained under the provisions |
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of this chapter and who has secured a right to the use of water in |
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the canal, ditch, flume, lateral, dam, reservoir, or lake is |
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entitled to be supplied form the canal, ditch, flume, lateral, dam, |
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reservoir, or lake with water for agricultural uses, mining, |
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milling, manufacturing, development of power, and stock raising, in |
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accordance with the terms of the person's contact; provided that a |
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Levee Improvement District created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution, which owns or holds a possessory interest in land |
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adjoining or contiguous to a canal, ditch, flume, lateral, dam, |
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reservoir, or lake constructed and maintained under the provisions |
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of this chapter, is deemed to have secured a right to use the state |
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water in the canal, ditch, flume, lateral, dam, reservoir, or lake |
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for the purpose of irrigation of any levee owned or maintained by |
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such district for the purpose of preventing the compromise of the |
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structural integrity of such levee due to desiccation cracking or |
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other damage resulting from insufficient rainfall or drought. |
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SECTION 2. This Act takes effect immediately if this Act |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution; |
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otherwise, this Act takes effect September 1, 2013. |