By: Ritter, et al. (Senate Sponsor - Eltife) H.B. No. 4231
(In the Senate - Received from the House April 30, 2009;
May 4, 2009, read first time and referred to Committee on Natural
Resources; May 7, 2009, reported favorably by the following vote:
Yeas 7, Nays 0; May 7, 2009, sent to printer.)
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 11.0237(b), Water Code, is amended to
read as follows:
(b) This section does not alter the commission's
obligations under Section 11.042(a-1), (b), [11.042(b)] or (c),
11.046(b), 11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471,
11.1491, 11.150, 11.152, 16.058, or 16.059.
SECTION 2. Section 11.042, Water Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) With prior authorization granted under rules
prescribed by the commission, a person, association of persons,
corporation, water control and improvement district, water
improvement district, or irrigation district supplying water
imported from a source located wholly outside the boundaries of
this state, except water imported from a source located in the
United Mexican States, may use the bed and banks of any flowing
natural stream in the state to convey water for use in this state.
The authorization must:
(1) allow for the diversion of only the amount of water
put into a watercourse or stream, less carriage losses; and
(2) include special conditions adequate to prevent a
significant impact to the quality of water in this state.
SECTION 3. 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, except water that is imported from a
source located in the United Mexican States;
(B) for use in this state; and
(C) transported by using the bed and banks of any
flowing natural stream located in this state.
SECTION 4. 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.
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