81R14104 PMO-D
By: King of Zavala H.B. No. 4776
A BILL TO BE ENTITLED
AN ACT
relating to certain rights of a person who holds an irrigation
permit issued by the Edwards Aquifer Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.34, Chapter 626, Acts of the 73rd
Legislature, Regular Session, 1993, is amended by adding
Subsections (b-1), (d), (e), and (f) and amending Subsection (c) to
read as follows:
(b-1) In this section:
(1) "Developed" means physically altered by the
installation of utilities and:
(A) impervious cover, including streets, parking
lots, driveways, foundations, structures, buildings, or similar
improvements that prevent rainwater infiltration; or
(B) a large turf watering system for a golf
course.
(2) "Historically irrigated land" means land
irrigated during the historical period described by Section 1.16(a)
of this Act and identified as the place of use in an initial regular
permit for irrigation use.
(c) Except as otherwise provided by this section:
(1) a [A] permit holder may lease permitted water
rights, but a holder of a permit for irrigation use may not lease
more than 50 percent of the irrigation rights initially permitted;
and
(2) the [. The] user's remaining irrigation water
rights must be used in accordance with the original permit and must
pass with transfer of the irrigated land.
(d) Notwithstanding Subsection (c) of this section:
(1) the remaining 50 percent of the irrigation rights
initially permitted appurtenant to historically irrigated land is
not required to pass with the transfer of historically irrigated
land if, at the time of the transfer, the historically irrigated
land is developed, to the extent that the land transferred is
developed or is transferred for development; and
(2) subject to Subsection (e), the following persons
may convert irrigation rights initially permitted appurtenant to
historically irrigated land into a right to withdraw water from the
historically irrigated land for another purpose:
(A) the owner of the historically irrigated land;
or
(B) the original holder of irrigation rights
initially permitted appurtenant to the historically irrigated
land, or the successor in interest of the original holder, if the
holder reserves the authority to convert the permitted right at the
time the historically developed land is transferred after being
developed or is transferred for development.
(e) A person described by Subsection (d)(2) of this section
may apply to the district to convert to another use the irrigation
rights initially permitted appurtenant to historically irrigated
land. The district shall provide that irrigation rights initially
permitted appurtenant to historically irrigated land that is not
wholly developed may be converted only to the extent that the
historically irrigated land is developed, so that the proportion
the permitted right to withdraw water for irrigation purposes on
the historically irrigated land bears to the permitted right to
withdraw water for another purpose from the developed land is the
same as the proportion of the acreage of historically irrigated
land to which the irrigation water right is appurtenant bears to the
acreage of the developed portion of the historically irrigated
land.
(f) Water withdrawn from historically irrigated land after
the irrigation rights initially permitted appurtenant to the
historically irrigated land are converted to a right to withdraw
the water for another purpose may be used only in the county in
which the historically irrigated land is located.
SECTION 2. This Act takes effect September 1, 2009.