81R10397 ACP-F
By: Ritter, Callegari, Creighton H.B. No. 4231
A BILL TO BE ENTITLED
AN ACT
relating to the conveyancing or transfer in this state of water
imported into this state from a source located outside this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.042(a), Water Code, is amended to
read as follows:
(a) Under rules prescribed by the commission, a person,
association of persons, corporation, water control and improvement
district, water improvement district, or irrigation district
supplying stored or conserved water under contract as provided in
this chapter, including water imported from a source located wholly
outside the boundaries of this state, may use the bank and bed of
any flowing natural stream in the state to convey the water from the
place of storage to the place of use or to the diversion point of the
appropriator.
SECTION 2. Section 11.085(v), Water Code, is amended to
read as follows:
(v) The provisions of this section, except Subsection (a),
do not apply to:
(1) a proposed transfer which in combination with any
existing transfers totals less than 3,000 acre-feet of water per
annum from the same permit, certified filing, or certificate of
adjudication;
(2) a request for an emergency transfer of water;
(3) a proposed transfer from a basin to its adjoining
coastal basin; [or]
(4) a proposed transfer from a basin to a county or
municipality or the municipality's retail service area that is
partially within the basin for use in that part of the county or
municipality and the municipality's retail service area not within
the basin; or
(5) a proposed transfer of water that is:
(A) imported from a source located wholly outside
the boundaries of this state;
(B) for use in this state; and
(C) transported by using the bed and banks of any
navigable stream located in this state.
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, 2009.