Res 1992-155 - Laserfiche WebLink

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.. A BILL TO BE ENTITLED 35"8 AN ACT relating to the protection of the San Marcos River; providing civil and crimina! penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 3, Parks and Wildlife Code, is amended by adding Chapter 27 to read as follows: CHAPTER 27. PROTECTION OF THE SAN MARCOS RIVER SUBCHAPTER A. GENERAL PROVISIONS Section 27.001. PUBLIC POLICY. It is the policy of the state that the San Marcos River be designated for protection. Section 27.002. DEFINITIONS. In this chapter: (1) "Channel realignment" means the practice by which dredging, ditching, or other means are used to shorten or reroute the natural stream course; (2) "Channelization" means the practice of changing a natural stream or stream segment into a man-made ditch or canal with channels of a relatively uniform width and depth; (3) "Protect," "protecting" and "protection" mean to shield from degradation, injury or destruction. Section 27.003. PURPOSES. (1) Developing and maintaining biological and ecological infolJ11ation and conducting studies and analyses of the San Marcos River; (2) protecting, preserving, enhancing and managing fish, wildlife and plant communities, as well as aesthetic, archaeological, geological, historical and other values of the San Marcos River; (3) preserving the rights of owners of land adjacent to the San Marcos River; (4) preserving the rights of the public to navigate the San Marcos River; (5) maintaining the flow of the San Marcos River in quantities necessary for instream uses, subject to existing water rights; and (6) identifying a program to monitor, protect and assess possible improvements to, the water quality of the San Marcos River in cooperation with the Texas Water Commission. Section 27.004. JURISDICTION OVER FLOW REQUIREMENTS. (1) The specifications of flows necessary to maintain instream uses on the San Marcos River remain under the jurisdiction of the Texas Water Commission and are subject to the provisions of the Water Code relating to applications to store, take, or divert water. (2) In issuing water rights permits, the Water Commission shall give consideration to potential adverse effects on instream uses in the San Marcos River. Section 27.005. WATER QUALITY JURISDICTION. (1) The establishment of water quality standards and all other water quality or other responsibilities for the San Marcos River assigned to the Texas Water Commission or to the Railroad Commission of Texas by Chapter 26, Water Code, remain under the jurisdiction of those agencies. (2) In issuing waste discharge permits, the Texas Water Commission and the Railroad Commission of Texas shall give consideration to protection of existing biological, physical and chemical characteristics of those waters.