SPECIAL DISTRICT LOCAL LAWS CODE


TITLE 6. WATER AND WASTEWATER


SUBTITLE M. WATER POWER CONTROL DISTRICTS


CHAPTER 9701. RED BLUFF WATER POWER CONTROL DISTRICT: TRANSFER OF FUNDS


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 9701.001. DEFINITIONS. In this chapter:

(1) "Member district" means a district listed as a member of the Red Bluff District in Section 9701.003.

(2) "Principal amount" means the amount of $13.8 million, representing the amount received by this state by order of the United States Supreme Court in the case of Texas v. New Mexico (494 U.S. 111 (1990)) and deposited to the credit of the Pecos River compact account established by Section 1, Chapter 3, Acts of the 71st Legislature, 5th Called Session, 1990.

(3) "Red Bluff District" means the Red Bluff Water Power Control District.

Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.04, eff. April 1, 2013.

Sec. 9701.002. NATURE OF DISTRICT. The Red Bluff District is a water power control district created under Chapter 76, General Laws, Acts of the 43rd Legislature, Regular Session, 1933 (Article 7807d, Vernon's Texas Civil Statutes).

Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.04, eff. April 1, 2013.

Sec. 9701.003. MEMBER DISTRICTS. The Red Bluff District is composed of the following member districts:

(1) Loving County Water Improvement District No. 1;

(2) Reeves County Water Improvement District No. 2;

(3) Ward County Irrigation District No. 3;

(4) Ward County Irrigation District No. 1;

(5) Ward County Water Improvement District No. 2;

(6) Pecos County Water Improvement District No. 2; and

(7) Pecos County Water Improvement District No. 3.

Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.04, eff. April 1, 2013.

SUBCHAPTER B. GENERAL FINANCIAL PROVISIONS


Sec. 9701.151. USE OF MONEY. (a) The money received by the Red Bluff District under Chapter 4, Acts of the 72nd Legislature, 1st Called Session, 1991, and any interest earned on the money, may be used by the Red Bluff District or a member district only for agricultural or irrigation projects, including an associated water quality improvement project that affects surface water irrigators in Loving, Pecos, Reeves, or Ward County.

(b) A project authorized under Subsection (a) may include:

(1) the operation of the Red Bluff District or a member district; and

(2) the maintenance of a water supply reservoir, associated downstream diversion facility, or internal distribution system of the Red Bluff District or a member district.

Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.04, eff. April 1, 2013.

Sec. 9701.152. ALLOCATION OF EARNED INTEREST. The Red Bluff District shall annually distribute interest earned on the principal amount as follows:

(1) one-third to the Red Bluff District; and

(2) two-thirds to the member districts, to be allocated among the member districts in the same percentages as each member district's pro rata share of water under the master contract between the Red Bluff District and the member districts dated March 8, 1934.

Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.04, eff. April 1, 2013.

Sec. 9701.153. INVESTMENT AND EXPENDITURE OF PRINCIPAL. (a) The Red Bluff District shall invest the principal amount in accordance with Chapter 2256, Government Code.

(b) The Red Bluff District shall comply with Chapter 2257, Government Code, to the extent applicable.

(c) The Red Bluff District may not spend any portion of the principal amount unless the expenditure is approved by an affirmative vote of:

(1) the board of directors of the Red Bluff District; and

(2) the boards of directors of at least five member districts.

Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.04, eff. April 1, 2013.

Sec. 9701.154. ANNUAL ACCOUNTING. The Red Bluff District shall provide to each member district and the Texas Water Development Board an annual accounting of the Red Bluff District's administration of money under this chapter and of the amount of interest earned.

Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.04, eff. April 1, 2013.